[Cites 11, Cited by 0]
Punjab-Haryana High Court
Akin Saroya And Others vs State Of Punjab And Others on 12 December, 2025
CWP-5467-2020 (O&M) & connected cases 1
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
1.
CWP-5467-2020.final.doc (O&M)
Akin Saroya & others
... Petitioners
Vs
State of Punjab & Others
... Respondents
2.
CWP-844-2020 (O&M)
Ginni Bansal & others
... Petitioners
Vs
State of Punjab & others
... Respondents
3.
CWP-6920-2021 (O&M)
Balkar Singh & others
... Petitioners
Vs
State of Punjab & others
... Respondents
4.
CWP-18680-2023 (O&M)
Akalpramjot Singh & others ... Petitioners
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CWP-5467-2020 (O&M) & connected cases 2
Vs
State of Punjab & others
... Respondents
Reserved on: 15.09.2025
Pronounced on: 12.12.2025
Judgment uploaded on: 13.12.2025
Whether only the operative part of the judgment is
pronounced or whether the full judgment is pronounced :
Full Judgment
CORAM: HON'BLE MR.JUSTICE ASHWANI KUMAR MISHRA
HON'BLE MR. JUSTICE ROHIT KAPOOR
Present: Mr. Sardavinder Goyal, Advocate and
Mr. Sarwinder Goyal, Advocate
for the petitioner(s) in CWP-5467-2020 & CWP-844-2020.
Mr. Suneet Singh Deol, Advocate
for the petitioner(s) in CWP-18680-2023.
Mr. Vaibhav Narang, Advocate and
Mr. Devant Khanna, Advocate
for the petitioner(s) in CWP-6920-2021.
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CWP-5467-2020 (O&M) & connected cases 3
Mr. Maninder Singh, Addl. A.G., Punjab.
Mr. Gursher Singh Bhandal, Advocate
for respondent No.2-University.
Mr. Arvind Seth, Sr. Panel Counsel
for the respondent(s)-Veterinary Council of India
in CWP-5467-2020 & CWP-844-2020.
Mr. Himanshu Malik, Advocate for respondent No.3-
College.
****
ROHIT KAPOOR, J.
The above-mentioned petitions involve common issues and
are therefore being decided together, with the consent of the parties.
I. Challenge Raised:
1. The petitioners are seeking quashing of the action of
respondent No. 3-College, whereby tuition fee has been charged for the
'internship period', which according to the petitioners is illegal as no
study or examination is conducted during such period and to the contrary,
they are to perform duties as provisionally registered veterinary doctors
as per the regulations of the Veterinary Council of India ('VCI'). Further
prayer is made to command the respondent No.3-College to pay
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internship allowance to the petitioners at par with the allowance being
paid by other Colleges/Universities, regulated by the VCI.
II. Factual Matrix:
2. The relevant facts are being noticed from CWP-844-2020 for
the purpose of brevity and ease of reference.
2.1. Guru Angad Dev Veterinary and Animal Sciences
University, Ludhiana - respondent No. 2, was established by the Guru
Angad Dev Veterinary and Animal Sciences University Act 2005 (in
short 'GADVASU Act') and is a public funded University. Various
programmes are offered by Respondent No. 2 in its university and
constituent colleges. The programmes/degrees pertaining to veterinary
education are recognized by the VCI, subject to the adherence of
regulations framed by it, from time to time. Respondent No.3-College is
a private unaided institution, affiliated with the said University, which
offers a Bachelor's degree in Veterinary Sciences and Animal Husbandry
(for short 'B.V.Sc. & A.H.'). The College is admitted to the privileges of
the University and is thus bound to follow the statutes, notification,
circulars, memorandum and instructions issued by the respondent-
University.
2.2. The VCI notified the Minimum Standards of Veterinary
Education Degree Course (B.V.Sc. & A.H.) Regulations, 2008 (for short
'2008 Regulations') in exercise of its powers conferred by sub-section (1)
of Section 66 read with sub-Section (1) of Section 22 of the Indian
Veterinary Council Act, 1984.
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2.3. Respondent No. 2-University issued a common prospectus
for the year 2015-16, for the courses offered by it and by respondent no.
3, which included the B.V.Sc. & A.H. programme. In pursuance thereto
the petitioners applied and secured admission in respondent No.3-College
under the State, Management and Special Management quotas, after
following the prescribed procedure. Perusal of the prospectus for 2015-
16 (Annexure P-1) would show that the duration of B.V.Sc. & A.H.
programme was of five years and it was specified that at the end of the
course work (9 semesters), the students shall undergo a compulsory six-
month internship. The admission procedure for the private veterinary
colleges is specified under clause 11, wherein it is stated that the
admission to the said colleges shall strictly be as per the approval granted
by the VCI and based upon the merit secured by a candidate in the
common entrance test conducted by the University. It is mentioned in the
prospectus that the course curriculum and duration for B.V.Sc. & A.H.
programme may change subject to the changes in the regulations of the
VCI.
2.4. The details of the fee structure for Private Veterinary
Colleges has been specified under Chapter IV which is extracted herein
below for the facility of reference:
"Fee Structure for Private Veterinary College(s): (Annual
fee for non-Boarders)
1. University quota seat Rs. 175690/-
2. Management quota seat Rs. 351385/-
3. N.R.I. quota seat As per University fee.
4. Special Management Quota seat Rs. 439230/-
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The hostel fee for boarders and college securities may be
decided by the college."
2.5. The details of fee for NRI candidates was specified
separately, which includes admission fee and tuition fee for each year of
the programme.
2.6. As per the 2008 Regulations the degree course of B.V.Sc. &
A.H. was to necessarily comprise of a course of study consisting of the
curriculum and syllabus, as prescribed in Part V of the said Regulations
spread over five complete academic years, including a compulsory
internship of six months duration undertaken after successful completion
of all credit hours provided in the syllabus. The provisions contained in
Regulation 9(5) pertain to internship and are therefore reproduced as
under:
"(5) Internship.-
(a) As per regulation 3 of Part Il of these regulations,
every student of B.V.Sc. & A.H. degree course shall be
required after passing the fifth annual examination to
undergo compulsory rotating internship to the
satisfaction of the University for minimum period of
six calendar months so-as to be eligible for the award
of the degree of B.V.Sc. & AH. and full registration
with the Council.
(b) Compulsory rotating internship shall include a full
time training in veterinary and animal husbandry
services {including emergencies and night duties,
Sundays and holidays). The intern will devote whole
time to the training and will not be allowed to accept a
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whole time or part time appointment paid or
otherwise,
(c) Internship shall be undertaken only after completion
of all credit requirements of veterinary curriculum
including Tracking Programmes, Study Circles,
Entrepreneurial Training and R.VC. Squadron/
N.C.C./ Equestrian/ N.S.S / Sports and games as
prescribed under these regulations.
(d) The university shall issue a provisional course
completion certificate of having passed all the
professional examinations and having successfully
completed course work.
(e) The State or Union Territory Veterinary Council or
Veterinary Council of India will grant provisional
registration to the candidate on production of
provisional B.V.Sc.&A.H. course completion
certificate. The provisional registration will be for a
minimum period of six months and maximum of
eight months.
(f) After provisional registration with the State or Union
Territory Veterinary Council or Veterinary Council of
India, the candidate shall register for internship of
six calendar months.
(g) Interns will be actively involved in rendering
veterinary service under the supervision of an
experienced teacher.
(h) They shall assist the teacher in all activities of the
units they are posted in.
(i) During the period of internship they shall be
provided accommodation/lodging and paid
consolidated remuneration in the form of internship
allowance as may be decided by the
University/Institution from time to time.
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(j) Attendance will be compulsory. The candidate will be
entitled for 10 days casual leave. The leave cannot be
claimed as a matter of right until and unless the
sanctioning authority sanctions it. If an intern willfully
absents from the training programme even if for part
of a day or during off hours duty (including
Sundays/holidays) he/ she may be treated absent for
that day. The candidate will be required to
undergo training for the additional days in lieu of the
absence period and internship allowance will not be
paid for these additional days.
(k) The internship programme shall be monitored by a
Committee constituted by the Dean under his/her
chairmanship including among others the Head of
TVCC and Head of ILFC as members. This Committee
shall monitor effective implementation of the
internship training programme from time to time.
(l) In case of unsatisfactory work/ performance and/or
shortage of attendance, the period of compulsory
rotating internship shall be extended by not more than
two months by the appropriate authority If this period
is more than two months, the intern has to re-register
afresh for internship programme for entire six
calendar months including registration with the State
or Union Territory Veterinary Council.
(m) Internship allowance will be paid only for six
calendar months. No internship allowance will be
paid for the period of absence/unsatisfactory
performance/extended period.
(n) The compulsory rotating internship for six calendar
months shall be done in teaching and approved
Veterinary Polyclinics/Veterinary Hospitals,
Veterinary Biological Centres, Technology Centers,
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Farms and Veterinary Disease Investigation Centers.
The internship programme can be undertaken at
approved veterinary institutions in India,
(o) The compulsory rotating internship shall be in the
following areas:
(i) Clinical training covering veterinary medicine,
surgery and radiology, animal reproduction,
gynaecology and obstetrics, clinical
emergencies, indoor ward care, hospital
management record keeping etc. for three
months.
(ii) Livestock production and management training,
covering farm routines of cattle and buffalo
farms, piggery/rabbitary, sheep and goat farms,
and equine/ camel unit etc. for one month.
(iii) Poultry production and management covering
layer and broiler production, hatchery and
chick management quail, turkey, duck units etc.
as well as fishery or any other recycling unit
where feasible, for one month.
(iv) Livestock technology and service' covering
familiarization in biological product units,
disease control campaigns (disease
investigation and sample collection and
dispatch, vaccination, mass testing etc.) in plant
training in meat plants, milk plants, etc. training
in zoo/ wild life center/ national
parks, for one month.
(p) Details of day to day work, posting and duration
needs to be worked out by the Veterinary Institution as
per its needs and infrastructure facilities,
(q) Where an Intern is posted to a recognized Veterinary
hospital for training, a representative of the college
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and the In-charge of the Veterinary hospital shall
regulate the training of such interns,
(r) Every Intern shall render professional veterinary
service, skill and knowledge under supervision and
guidance of a registered veterinary practitioner
working in the approved Veterinary Institution.
(s) Function, responsibilities and duties of interns:
(i) Participation with clinical faculty in the
hospital practice.
(ii) Shares the emergency and night duties on
rotation in the larger and small animal
hospitals including Sundays & holidays.
(iii) Participation with staff of the place of posting in
Veterinary Practice (production or technology).
(iv) The intern responsibilities include hands-on
diagnostic and treatment procedures for
hospitalized cases under the supervision of the
attending veterinarian.
(v) Participation in the tutorial instructional
program of the Veterinary College.
(vi) The intern will administer primary care to
emergency cases and participate in service such
as anaesthesia, radiology, ultrasonography,
endoscopy, laboratory and diagnostic
procedures. Medicine and Surgery rounds are
held periodically allowing the interns to present
cases and participate in topic discussion.
(t) The training shall be supplemented by weekly
sessions of clinical conference, farm operation and
data analysis, preparation of feasibility reports,
project report, campaigns/ discussions in, clinical
training, farm training and technology and services
respectively.
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(u) For the purpose of internship all necessary inputs like
accommodation, transport, adequate clinical facilities
etc. shall be provided.
(v) The intern shall maintain a log book of day to day
work which may be verified & certified by the
supervisor under whom he/she works. In addition the
interns will prepare a brief project report on the basis
of his her case study/ case analysis, survey reports etc.
This shall be based on his/ her own study during the
internship. Such reports can be supervised by more
than one teacher, if required. The interns shall present
such report in seminar organized for the purpose.
(w) The grading shall be based upon the evaluation of log
book, their performance reports from all the minimum
prescribed training postings, project report and
comprehensive examination in core competence in
veterinary skills conducted at the end of the
programme by an Evaluation Committee comprising
of the faculty representing the concerned departments
appointed by the Dean for this purpose.
(x) Every Intern shall have to submit an Entrepreneurial
Project during the Internship Programme."
2.7. The petitioners paid their tuition fee and all other charges on
annual basis as fixed by respondent No. 3-College for the first four years.
In the fifth year, respondent No. 3 issued a Notice dated 19.07.2019
(Annexure P-3) asking the students to deposit half of the tuition fee under
their respective quota. It is the case of the petitioners that this departure
was done, upon recognition of the fact that tuition fee cannot be charged
for the tenth semester i.e. the internship period of six months in the final
year, when no 'study' or 'tuition' was to be imparted. The tuition fee for
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the first six months of the 5th professional year, was paid by the
petitioners in pursuance to the notice issued by respondent No. 3-
University. However, subsequently another notice dated 03.12.2019
(Annexure P-4) was issued, demanding tuition fee for the remaining
period of six months, i.e. the internship period, and the petitioners were
warned that if the same is not paid, they shall not be allowed to undergo
the internship programme. Aggrieved by the said action of respondent
No. 3, the petitioners submitted written representations, however, since
the same were not accorded any consideration, they were constrained to
approach this court under Article 226 of the Constitution of India,
impugning the notice dated 03.12.2019 (Annexure P-4) and seeking
increase in internship allowance at par with other institutes, as mentioned
hereinabove.
2.8. While entertaining the petition on 14.01.2020, it was ordered
that the tuition fee for the internship period shall be paid by the
petitioners, which shall be subject to the final outcome of the writ
petition. The details of the tuition fee charged for the period of internship
have been placed on record.
2.9 As regards the amount of internship allowance, notification
dated 30.11.2018 (Annexure P-6), issued by Lala Lajpat Rai University
of Veterinary and Animal Science, Hisar is annexed, whereby the
internship allowance of Rs.12,000/- being paid to the students of the said
University stood enhanced to Rs.17,000/-. It is stated that respondent No.
2 is paying internship allowance ranging between Rs. 6000/- to
Rs.6600/-, even though both universities are regulated by the VCI.
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Respondent No.3-College is paying an amount of Rs. 3500/- per month
as internship allowance.
2.10. A few additional facts from CWP-6920-2021 and CWP-
18680-2023, are required to be noticed. The petitioners in the said
petitions sought admission in the year 2016 and 2018, respectively. There
were changes in the course duration and after the completion of four and
a half years of study course, the students were to undergo internship for
one year, as per the VCI Regulations of 2016. The annual tuition fee for
private colleges was increased to Rs. 2,12,600/-, Rs. 4,25,200/- and Rs.
5,31,500/- for the University, Management and Special Management
quota, respectively, in the year 2018. Although, the fee for NRI
candidates was also hiked, however, they were required to pay tuition fee
for four and a half years, and not for the period of internship.
2.11. The Respondent College in its Reply, while refuting the
claim of the petitioners, has taken a stand that it being a private unaided
institute, cannot be equated with any government aided University and
Institute, since it has to cater to all its expenses from its own finances. In
the case of NRI quota seats also, the fee is being charged annually for the
entire duration of 5 years. It is further averred that under the internship
programme, the interns are to render veterinary services under the
supervision of experienced teachers and internship programme is
monitored by a committee comprising the Dean and HOD's.
III. Arguments on behalf of the petitioners:
3. Learned counsel appearing on behalf of the petitioners have
argued that the VCI Regulations make it abundantly clear that the interns
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are to perform all activities of assisting veterinary doctors at the units
where they are posted, including emergency service, night duties in
hospitals, even on holidays. It is for this reason that the payment of
internship allowance is mandated under the regulations, apart from
facilities like boarding/lodging, free transportation etc. It is contended
that the impugned action of the respondent-college results in taking away
even the meagre amount of internship allowance that is being paid, and is
thus against the statutory regulations and is required to be set aside.
3.1. It is urged that charging such a huge amount under the head
of tuition fee during the period of internship, when the interns are to be
paid remuneration, amounts to unjust enrichment and profiteering, which
has been deprecated by the Hon'ble Supreme Court of India in the case of
Islamic Academy of Education and another Vs. State of Karnataka,
(2003) 6 SCC 697.
3.2. It is contended that once respondent No.3-College had itself
issued a notice for submission of half of the tuition fee for the final year,
having realized that it cannot charge tuition fee for the internship period
of six months, it would be estopped from taking a contrarian stand
subsequently.
3.3. It is urged that the disparity in the amount of internship
allowance being paid by other institutes who are also regulated by VCI, is
arbitrary and making the petitioners work compulsorily by paying a
pittance and simultaneously charging exorbitant amounts, would clearly
be exploitation, as prohibited under Article 23 of the Constitution of
India. IV. Arguments on behalf of respondents:
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4. Learned counsel appearing on behalf of the Veterinary
Council of India submits that the Council has framed the 2008/2016
Regulations with the prior approval of the Central Government and
internship is covered under Regulation 9 of Part V, wherein apart from
providing accommodation/lodging, the interns are required to be paid
consolidated remuneration in the form of internship allowance as may be
decided by the University/Institutions from time to time. It is contended
that the norms regarding charging of tuition fee in the Private Veterinary
Colleges, do not come under the purview of the Indian Veterinary
Council Act, 1984 and the tuition fee to be charged by Private Veterinary
College, is to be decided by the affiliating University and/or the
respective State Government.
4.1. The learned counsel appearing on behalf of respondent
No.2-University has argued that respondent No.3, being a private
institution, having its own management, is only affiliated with the
answering respondent and it would be the governing body of the said
institute, who would be competent to decide the amount of remuneration
to be paid to the students. On a pointed query of this Court, regarding
charging of tuition fee during the internship period in the colleges run by
the University, it has been stated at the bar, that no such tuition fee is
being charged by the University. Further, in pursuance to the order dated
10.09.2025 passed by this Court, an affidavit has been filed by the
Registrar of the University, wherein it has been specifically mentioned in
paragraph 5, that the students of B.V.Sc.& A.H. programme at the college
of Veterinary Science, Ludhiana or other constituent colleges of the
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University, have never been required to pay tuition fee during the
internship period, including the academic year 2015-16. Instead, they
were paid a consolidated internship allowance as decided by the
University/Institutions, from time to time.
4.2. It has been further clarified that even for the self-financed
categories seats in the College of Veterinary Science, Ludhiana, the fee is
applicable for nine semesters of programme and not for the internship
period.
4.3. As regards the internship allowance, learned counsel for the
University has invited our attention to paragraph 5 of the counter filed on
behalf of respondent-University, wherein it is mentioned that the same
has been enhanced from Rs. 6200/- to Rs.15,000/- per month w.e.f. the
year 2022.
4.4. Learned counsel appearing on behalf of respondent No.3-
College has vehemently repelled the submissions made on behalf of the
petitioners on the ground, that their College is a private unaided institute
and has to cater to its entire expenses on its own, as a self-financed
institute. It is contended that for the NRI quota seats, which are equated
with 'self-financed seats', the fee is being charged annually for the entire
course duration, which is evident from a perusal of the prospectus
(Annexure P/1).
4.5. It is further argued that perusal of the regulations framed by
the VCI, would show that all interns are to be actively involved in
rendering veterinary service under the supervision of experienced
teachers and they have to necessarily assist the teachers in all activities
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and the programme is to be monitored by a Committee constituted by the
Dean under his Chairmanship, which would include other Heads of
Departments. It is submitted that the College has to bear expenses on the
accommodation/lodging during the period of internship. The fee structure
was based upon calculations made for the complete duration of the course
of five years and any subsequent exemption of tuition fee for the period
of internship, would put the College to huge losses. It is contended that
there is no regulation or statutory provision barring charging of tuition
fee for the period of internship. Learned counsel appearing on behalf of
respondent No.3-College submits that the internship allowance @
Rs.3500/- per month has been paid to each of the petitioners and they
have already completed the degree programme and thus no cause of
action survives. It is further submitted that subsequently the internship
allowance has been increased by respondent No. 3 also, which is at par
with other colleges/institutes.
4.6. It is urged that the example of colleges of other States is
misplaced, as institutes such as the Aravali Veterinary College, Sikar, are
also charging fee during the entire course duration, including the
internship period. Amount required to be paid as internship allowance
would not be amenable to judicial review. Reliance is placed upon the
decision of the Supreme Court in the case of T. M. A. Pai Foundation
and Others Vs. State of Karnataka and Others, (2002) 8 SCC 481 to
contend that a private unaided institute would be within its rights to fix
the fee and it is submitted that the judgment in the case of Islamic
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Academy of Education (supra) would have no application, since the
institute is not profiteering by charging any capitation fee. It is thus
prayed that the writ petitions be dismissed, being bereft of any merit.
V. Analysis and Conclusion:
5. We have heard the learned counsel for the parties and have
gone through the material available on record, with their able assistance.
5.1. The questions that fall for our consideration are: (i) whether
tuition fee can be charged during the period of internship? and (ii)
whether the claim of the petitioners to be paid enhanced internship
allowance, can be examined under the powers of judicial review vested
upon Constitutional Courts, under Article 226 of the Constitution of
India?
5.2. As regards the first issue, at the outset we may notice that no
enactment has been brought to our notice, wherein any regulatory body
or committee is authorized to examine the grievances of students of
private unaided veterinary colleges, regarding exploitation in the matters
of fixation of fee. The stand of the State of Punjab is, that it does not
have any role in the matter and since respondent no. 3 is affiliated with
Respondent no. 2-University, which is an autonomous body, governed by
the GADVASU Act, the issue can be dealt with by the University alone.
5.3. Section 6 of the GADVASU Act, enlists the 'Powers and
functions of the University' and it may fix, demand or receive such fee
and charges, as prescribed. It can affiliate any college or institution, and
exercise control over the students of the University and affiliated
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colleges. Section 33 pertains to the statutes and regulations and clause (r)
pertains to the fee which may be charged by the University. Therefore,
the argument of the learned counsel for respondent no. 3-college that
there is no regulation debarring charging of tuition fee during the period
of internship, appears to be attractive, in the first blush.
5.4. However, in these circumstances, to test whether the
impugned action would tantamount to exploitation of the students and
profiteering, the law laid down by the Hon'ble Supreme Court in TMA
Pai Foundation vs. State of Karnataka and Islamic Academy of
Education and another supra and P.A. Inamdar & Ors. Vs. State of
Maharashtra & Others (2005) 6 SCC 537, would govern the field. In the
case of Islamic Academy of Education and another(supra), after
considering the judgement of TMA Pai, the Apex court made the
following observations:
" 154. The fee structure, thus, in relation to each and
every college must be determined separately keeping in
view several factors, including facilities available,
infrastructure made available, the age of the institution,
investment made, future plan for expansion and
betterment of the educational standard etc. The case of
each institution in this behalf is required to be considered
by an appropriate Committee. For the said purpose, even
the books of accounts maintained by the institution may
have to be looked into. Whatever is determined by the
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Committee by way of a fee structure having regard to
relevant factors, some of which are enumerated
hereinbefore, the management of the institution would not
be entitled to charge anything more.
155. While determining the fee structure, safeguard has to
be provided for so that professional institutions do not
become auction houses for the purpose of selling seats.
Having regard to the statement of law laid down in
paragraph 56 of the judgment, it would have been better,
if sufficient guidelines could have been provided for.
Such a task which is a difficult one has to be left to the
Committee. While fixing the fee structure the Committee
shall also take into consideration, inter alia, the salary or
remuneration paid to the members of the faculty and
other staff, the investment made by them, the
infrastructure provided and plan for future development
of the institution as also expansion of the educational
institution. Future planning or improvement of facilities
may be provided for. An institution may want to invest in
an expensive device (for medical colleges) or a powerful
computer (for technical college). These factors are also
required to be taken care of. The State must evolve a
detailed procedure for constitution and smooth
functioning of the Committee.
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156. While this Court has not laid down any fixed
guidelines as regards fee structure, in my opinion,
reasonable surplus should ordinarily vary from 6 % to 15
%, as such surplus would be utilized for expansion of the
system and development of education.
157. The institutions shall charge fee only for one year in
accordance with the rules and shall not charge the fee for
the entire course.
158. Profiteering has been defined in Black's Law
Dictionary, 5th Edn. as:
"Taking advantage of unusual or exceptional
circumstances to make excessive profits;"
159. With a view to ensure that an educational institution
is kept within its bounds and does not indulge in
profiteering or otherwise exploiting its students
financially, it will be open to the statutory authorities and
in their absence by the State to constitute an appropriate
body, till appropriate statutory regulations are made in
that behalf."
5.5 Applying the ratio of the above judgements, the legal
position that emerges is, that to ensure that an educational institute is kept
within its bounds and does not indulge in profiteering or otherwise
exploiting its students financially, it will be open to the statutory
authorities and in their absence, to the State to regulate the fee structure,
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till appropriate statutory regulations are made in that behalf. In absence
of any such mechanism, the Constitutional Courts, may also intervene in
exercise of their powers of judicial review, if it is found in the given facts
of a case, that the action of any educational institution tantamounts to
illegal profiteering or exploitation of the students.
5.6. In the cases at hand, as per the VCI regulations, the institutes
are mandated to pay the internship allowance to the interns, in lieu of the
services that they are to perform during the period of internship. This is
in addition to the facilities of boarding/lodging and transportation that
were required to be provided. Careful perusal of the regulations would
show that the interns are to assist/perform all duties of a veterinary doctor
and are therefore granted provisional registration by the competent
authority for the said purpose. The internship programme is full-time and
includes emergencies and night duties, even on Sundays and holidays.
The interns are not allowed any full or part time appointment paid or
otherwise. It is important to note that the internship can only be
undertaken after completion of all credit requirements of the veterinary
course curriculum, tracking programme and all other co-curricular
activities, including entrepreneurship project. Issuance of professional
course completion certificate and grant of provisional registration by the
State/Union Territory Council or Veterinary Council of India, 'precedes'
registration for internship. It is, thus, abundantly clear that internship
allowance is mandatorily required to be paid under the VCI regulations,
upon the recognition of the fact, that the interns are performing all
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functions of 'assisting veterinary doctors', and are required to be paid
remuneration for their services. Their engagement amounts to
employment and deployment in the veterinary clinics is not for training
simplicitor.
5.7. Although no material has been placed on record to
demonstrate the considerations, basis which the tuition fee for respondent
no. 3-college has been fixed, however records reveal that there is huge
difference in the fee structure of the said college and the fee structure for
the colleges of the University, even if it is taken into consideration that
respondent no. 3 is an unaided institution. Admittedly, respondent No.2-
University has not charged any tuition fee for the period of internship
from the students studying in its colleges and even respondent No.3-
College has been specifically debarred from charging any tuition fee
during the period of internship, from the year 2023 onwards. It is also
undisputed that the internship allowance being paid to the students of
respondent no. 3-college was almost half of the amount that was being
paid to the students of Respondent No. 2.
5.8 On a pointed query to the learned counsel for respondent
No.3-College regarding provision for boarding/lodging for the interns,
we are informed that permanent boarding/lodging facilities were only to
be provided to those students, who had opted for the hostel facilities and
were paying a separate fee for the same.
5.9. Under the circumstances, we find force in the argument
raised by the learned counsel for the petitioners that charging of a huge
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amount as 'tuition fee' during the period of internship, when the interns
are to be paid remuneration, would clearly be exploitative and would
tantamount to taking away the mandatory amount of internship
allowance, by indirect means. It is well settled, that what cannot be done
directly, cannot be permitted to be done indirectly.
5.10. Adverting to the arguments raised on behalf of
respondent no. 3-college, we do not find substance in the contention that
merely on account of it being an unaided institution, it would have
unbridled powers in the matters of charging of fee. We are not much
impressed by the argument that on account of the alleged 'supervision' of
the interns, the college would become entitled to charge 'tuition fee' as
was being charged during the period of course of study. We have already
taken note of the admitted position that period of internship starts after
grant of course completion certificate by the College. Records reveal that
between the years 2015 to 2018, there was a considerable revision in the
fee structure. The college has been charging all other charges, including
boarding and lodging charges.
5.11. The argument that the college had planned its finances
in accordance with the fee structure for the entire course, as published in
the prospectus, also merits rejection. Respondent No. 3 on its own
accord, issued a notice/communiqué asking the students that they are
required to pay tuition fee only for the first six months. This departure
from the previous four years was clearly upon the recognition that the
period of internship does not include imparting of any 'tuition' or
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'studies'. Therefore, the Rule of Estoppel would operate in such
circumstances.
5.12. It is also a conceded case that respondent No.2-
University has not charged any tuition fee for the period of internship
from the students studying in its colleges and even respondent No.3-
College has now been specifically debarred from charging any tuition fee
during the period of internship, as is clearly specified in the prospectus
for the years 2023-24 onwards. It is clear that Respondent no. 2 & 3 are
aware that such a practice would not be in consonance with the
provisions of the VCI regulations, wherein the interns are to be
compensated rather than being charged any fee.
5.13. We are therefore of the considered opinion that permitting
respondent No. 3 to charge tuition fee during the period of internship,
which is an apparent dichotomy, would run counter to the intent and
object of the governing VCI regulations, and would make the very object
of payment of internship allowance, a farce. It would tantamount to
unjust enrichment and exploitation of the interns, which is impermissible
as per the law laid down by the Hon'ble Supreme Court.
5.14 As regards the second issue pertaining to the prayer of
the petitioners to direct respondent No. 3 to make payment of internship
allowance at enhanced rates is concerned, we find that no rates or
guidelines have been fixed in this regard. Internships and Apprenticeships
are terms sometimes used as synonyms, however, they may vary in terms
of the duration, term, structure etc. Apprenticeships are governed by the
Apprentices Act, 1961, and the rate of stipend that an employer is
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required to paid, is as per the prescribed minimum rates. However, there
is no legislation, governing Internship. The VCI regulations mention that
internship allowance would be paid as per rates fixed by the institute
concerned. While it has long been felt that there is an urgent need to
have uniformity in the rates at which internship allowances are paid, as it
would keep in check exploitative practices that may be adopted by certain
institutes, yet, no steps have been taken till date, in this regard. Be that as
it may, we would refrain from passing any directions in this regard, as we
are of the opinion that the matter needs to be examined by the competent
authority in the first instance. The Petitioners are at liberty to approach
the competent authority for framing of appropriate policy/guidelines.
Even otherwise, we are of the view that the powers of constitutional
courts to issue such directions, while exercising its powers of judicial
review, would be limited, especially when the violation of any statutory
provisions, has not been shown. There is no prayer for issuance of any
directions to the competent authority to frame a policy/guidelines in this
regard.
5.15. In terms of the above analysis and findings, we
partially allow the writ petitions and hold that no tuition fee could have
been charged by respondent No.3-College during the period of internship.
As a result thereof, we direct respondent No.3 to refund such amount as
may have been charged from the petitioners during the internship period,
within a period of three months from the date of presentation of a
certified copy of this order. It is however, clarified that the refund shall be
made only to the petitioners herein.
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6. All the pending application(s), if any, stand disposed of
accordingly.
( ASHWANI KUMAR MISHRA ) ( ROHIT KAPOOR )
JUDGE JUDGE
12/12/2025
Raj/dinesh
Whether speaking/reasoned : Yes
Whether Reportable : Yes
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