Paras Bakshi vs The Union Of India
2021 Latest Caselaw 16792 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 11858/2019

Paras Bakshi S/o Shri Rajkumar Bakshi, Aged About 28 Years, By Caste Brahmin, R/o H.no. 581/20 Roopnagar, Hanshi, District Hisar, Haryana.

----Petitioner Versus

1. The Union Of India, Through The Secretary To The Ministry Of Agriculture, South Block, Secretariat, New Delhi.

2. The Veterinary Council Of India, A-Wing, 2Nd Floor, August Kranti Bhawan, Bhikaji Kama Palace, New Delhi Through Its Chairman.

3. The Rajasthan University Of Veterinary And Animal Sciences, Bikaner, Through Its Registrar.

4. The State Of Rajasthan, Through The Secretary To The Department Of Animal Husbandry, Secretariat, Jaipur, Rajasthan.

5. The Rajasthan State Veterinary Council, Pashudhan Bhawan, Tonk Road, Jaipur Through Its Secretary.

6. Sri Ganganagar Veterinary College, Tatia Higher Education Institutes Campus, Near Rhco Bus Stand, Hanumangarh Road, Sri Ganganagar, Rajasthan.

                                                  ----Respondents


For Petitioner(s)        :     Mr. CS Kotwani
For Respondent(s)        :     Mr. Himanshu Sharma for
                               Mr. Bhavit Sharma



     HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI

                                    Order

11/11/2021

In the wake of second surge in the COVID-19 cases,

abundant caution is being maintained for the safety of all

concerned.

Counsel for the parties jointly submits that the controversy

involved in the present writ petition is no more res integra and is

squarely covered by decision of this Court in Tapasya Bedi Vs.

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Union of India & Ors., (S.B. Civil Writ Petition No.3626/2016,

decided on 14.09.2017).

"All the abovementioned writ petitions shall stand decided by

this common order as the issue involved is identical.

For convenience, the facts are being taken from SB Civil Writ

Petition No. 3626/2016 (Tapasya Bedi & Ors. vs. Union of India &

Ors.).

The present writ petition has been filed seeking direction as

against the respondents to register their candidature with the

Rajasthan State Veterinary Council after completion of their

respective degrees of B.V. SC & AH from the respondent No.6 -

College where they took admission in the B.V. SC & AH Degree

Course during the Academic Session 2010-11 which was affiliated

to Swami Keshwananda Rajasthan Agricultural University, Bikaner.

Reliance is placed on the judgment rendered by this Court in

the case of B.S. College of Veterniary Medicine Vs. Union of India

& Ors. (SB Civil Writ Petition No.6690/2012) decided on

03.07.2013 as well as of the Apex Court in the case of Apollo

College of Veterinary Medicine Vs. Rajasthan State Veterinary

Council & Ors. reported in (2015) 2 SCC 291 to contend that relief

was granted by the Court to students who had obtained their

Degree from recognized University and that their case was not

different.

Learned counsel for the respondent Veterinary Council of

India (hereinafter referred to as "VCI") while vehemently opposing

the writ petition raised various objections. While relying on the

various provisions of the Indian Veterinary Council Act, 1984

including Section 3, 12, 15, 18, 19, 21, 22, 23, 25 submitted that

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until the name of the said college is not included in the Schedule I

of the Act of 1984, the petitioners are not eligible for the

registration with State Veterinary Council as per the provision of

the Act of 1984. The objections raised by the learned counsel for

the respondents, however, do not help as the issue here is not for

granting recognition to the Institute but to find out the solution in

the case of students who have already passed out from the

colleges and already got a Degree issued in their favour.

Heard.

The petitioners were granted admission BV Sc & AH Course

for the Academic Session 2010-11 in pursuance to the counseling

held in the month of July, 2010. In the year 2010, the Rajasthan

University of Veterinary and Animal Sciences, Bikaner, the

respondent No.6 college i.e. Sri Ganganagar Veterinary College,

Sri Ganganagar was part and parcel of Swami Keshwananda

Rajasthan Agricultural University, Bikaner. In the year 2009, a

notification was issued on 25.09.2009 that as per the permission

granted by the Veterinary Council of India, New Delhi, admission

in BV Sc & AH Course in academic session 2009-10 in the

respondent No.6 college is allowed and to permit admissions

consequently. Even for the Academic Session 2010-11. When the

bifurcation took place between Swami Keshwananda Rajasthan

Agricultural University, Bikaner and the Rajasthan University of

Veterinary and Animal Science, Bikaner was constituted, an order

was issued on 06.09.2010 on the recommendation of the

inspection committee of the University to grant affiliation to the

respondent college where the petitioner got admission as they

fulfilled the norms of the VCI i.e. Veterinary Council of India. The

petitioners completed their courses in the Academic Session 2014-

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15 and they were conferred the provisional Degree Certificate by

the Rajasthan University of Veterinary and Animal Science. As

stated by the learned counsel for the petitioners, the Final Degree

has also been issued by the University. However, the Rajasthan

State Veterinary Council, Jaipur refused to grant recognition and

registration of the Degrees on the ground that the admission was

granted in spite of a public notice as well as communication by the

Veterinary Council of India asking the respondent University to

communicate with the College not to admit the students during

the current Academic Session 2010-11. Meanwhile, the College

too filed a writ petition being SB Civil Writ Petition No.8237/2012

(B.S. College of Veterinary Medicine V/s. Union of India) before

this Court which came to be decided along with other similar writ

petitions on 03.07.2013 by a detailed judgment. While disposing

of the said writ petition, the learned Single Bench while dealing

with the question of students held in para 34 as under:

"34. There is yet another aspect of the matter. The Council has taken the decision not to grant approval to the petitioners' colleges for admitting the students during the Academic Session 2011- 12 and 2012-13, but the fact remains that the students already admitted during the previous academic session are pursuing their studies further for second, third and fourth year of the course in the petitioners' colleges. It cannot be disputed that those students had taken the admission in the first instance pursuant to the approval granted by the Council and they pursued their studies pursuant thereto. It is not the case of the respondents that on approval being refused during the subsequent academic session, the students pursuing the studies during the previous academic sessions have been shifted to any other veterinary institution or the college duly recognized. In this view of the matter, the matter with regard to the recognition of the veterinary qualification to be granted to such students, who are pursuing their studies after taking admission

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pursuant to the approval granted by the Council, has to be considered by the respondents objectively keeping in view that such students pursuing their studies as aforesaid, cannot be made to suffer for no fault on their part."

With respect to the students who had already been admitted,

it was directed that the matter with regard to the recognition of

the veterinary qualification to be awarded by the

respondentUniversity to the students already admitted in the

colleges run by the petitioners pursuant to the approval granted

by the Council, shall be considered by the Council/Central

Government objectively, keeping in view the future of the students

pursuing the course and shall ensure that they are not made to

suffer for no fault on their part.

After the completion of their course and the issuance of the

Degrees, the petitioners made various representations but when

nothing was done, the students left in the lurch have filed the

present writ petitions.

Meanwhile, Apollo College of Veterinary Medicine filed SLP

being Civil Appeal No.6842/2014 (Apollo College of Veterinary

Medicine Vs. Rajasthan State Veterinary Council & Ors.) was

decided on 25.07.2014 by the Supreme Court. The Apex Court

came to the rescue of such students who had completed their

Degrees from Apollo College of Veterinary Medicine which was not

recognized by the VCI and while setting aside the order of the

Division Bench of the Rajasthan High Court held that a Degree

which has been obtained from a University which is mentioned in

First Schedule of the Indian Veterinary Council Act, 1984 cannot

be treated to invalid. While allowing the appeal, it was held in para

44 to 47 as under:

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"44. For deciding the second question, it is desirable to advert to

the facts of the present case. Both Apollo College and Mahatma

Gandhi College were permitted to be opened by the State of

Rajasthan and were affiliated with the University recognized by

the Veterinary Council of India. The Inspection Committee of

Veterinary Council of India inspected the Apollo College from time

to time and by inspection report, 2003, the Committee

recommended for admission of students subject to removal of

certain deficiency of building, as the College was opened in a

rented building. The Central Government by letter dated 26th

September, 2003 informed the Agricultural University to request

the Apollo College to fulfill the minimum requirements. Though the

public notice was issued by Veterinary Council of India on 12th

May, 2005 and 20th May, 2005 in newspapers informing that the

B.V. Sc. & A.H. qualification of the students of the Apollo College

was not a recognized Veterinary qualification, by letter dated 22nd

November, 2005, the Veterinary Council of India granted no

objection to admit students in the Apollo College. Subsequently,

Apollo College was inspected by the Inspectors of the Veterinary

Council of India on 22nd and 24th January, 2007 who submitted

report and informed that the Apollo College was following the

norms and conditions required by the Veterinary Council of India.

Thereafter, pursuant to a meeting between the representatives of

Agricultural University and Veterinary Council of India held on 2nd

February, 2008 it was decided by Veterinary Council of India on

10th March, 2008 to grant provisional recognition of B.V. Sc. &

A.H. degree in respect of 1st batch of students of the Apollo

College. With regard to 2nd batch of students the Veterinary

Council of India on 27th February, 2009 requested the Central

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Government to take necessary action to recognize the qualification

of the 2nd batch of students of Apollo College admitted in the year

2004. Similar letter was issued in respect to 3rd batch of students

who were admitted in the month of December, 2004. The

Veterinary Council of India on 24th July, 2009 also informed the

Agricultural University that the Apollo College could admit the

students for the Academic Session 2009-2010. In view of such

recognition granted by the Veterinary Council of India and

permission granted to admit students for the academic session

2009-2010 the students were admitted in the Apollo College.

45. It is not in dispute that the students were admitted in the

Apollo College pursuant to open entrance test of Rajasthan pre-

medical/Rajasthan pre-Veterinary (RPM/RPV). They completed

their course and have successfully cleared B.V.Sc. & A.H.

examination. The students who have already passed out from the

Apollo College are the holders of the basic degree of B.V.Sc. &

A.H. granted by the Rajasthan Agricultural University, which is

recognized qualification entered in the First Schedule of the Indian

Veterinary Council Act, 1984. It is also not in dispute that many of

such students who have already passed out are in Government

service or in private service. The sole ground on which the

students of the Apollo College who have passed out B.V.Sc. & A.H.

degree examination are treated differently is that the Central

Government has not notified the Apollo College and, thereby the

College is not included in the First Schedule to the Indian

Veterinary Council Act, 1984. Swami Keshwanand Rajasthan

Agricultural University, Bikaner is duly established university by

statute and it is fully competent to conduct examinations and

award B.V.Sc. & A.H. degree. The degree of B.V.Sc. & A.H. granted

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by the university is included in the First Schedule to theIndian

Veterinary Council Act, 1984 as a degree fully recognized by the

Veterinary Council of India which is the paramount professional

body set up by statute with authority to recognize the medical

veterinary qualifications granted by any University.

46. The Division Bench of the High Court, in our opinion, was

manifestly in error in holding that since B.V.Sc. & A.H. degree

possessed by the students was not one obtained from a

recognized College it could not be treated as a valid qualification

for the purpose of registration under the Veterinary Council of

India (Registration) Regulations, 1992 and for other purpose.

47. Similar is the position with regard to students of

Mahatma Gandhi College. In fact favourable reports were given,

by the Inspection Committee all time did Veterinary Council of

India allowed the College to admit students and recommended the

Central Government to amend the First Schedule by entering the

name of the College. It is only when the students who have

passed out from College moved before the High Court for direction

to the Central Government to issue appropriate notification

including the Mahatma Gandhi college, in the First Schedule, the

Veterinary Council withdrew the recommendation. What we

observed with regard to students who have passed out from

Apollo College is equally applicable to the students who have

passed out from the Mahatma Gandhi College."

Learned counsel for the respondent VCI while vehemently

opposing the writ petition submitted that the matter in hand is

different and cannot be said to be covered with the judgment

rendered by the Apex Court in the case of Apollo College of

Veterinary Medicine (supra). While distinguishing the writ petition

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on facts, learned counsel for VCI contended that the students

before the Apex Court were those who had already completed

their course in the year 2010, whereas, the present petitioners

took admission in the year 2010. Further, the VCI had granted

permission for admission of the students, in their cases, whereas,

no such permission was granted by the VCI in the case in hand.

However, the said argument cannot be sustained in view of the

following :

a) It is evident from the order and judgment dated 03.07.2013

passed in SB Civil Writ Petition No.6690/2012, wherein the

petitioner - Institute Sriganganagar Veterinary College was also

one of the petitioners, that the petitioner Institute was permitted

to admit the students during the Academic Year 2010-11,

although, the same were made subject to the fulfillment of

minimum requirements laid down particularly in terms of the

Academic Calender.

b) It is further evident that the College was restrained from

making admissions for the Academic Sessions 2011-12 but no

such direction appears to be given qua Academic Session 2010-

11. In fact, it is evident from para 8 of the said judgment that the

petitioner Institute was permitted subsequently to admit the

students in the College for Academic Sessions 2011-12 as well. A

reading of para 12 and 13 of the said judgment shows that the

affiliation granted to the petitioner Institute was further extended

for the Academic Sessions 2012-13 as well. Para 12 and 13 of the

judgment rendered in the case of B.S. College of Veterinary

Medicine (supra) reads :

12. At this stage, the petitioner preferred a writ petition

being No.7953/12 before this court, wherein while issuing

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the notices to the respondents, an interim order was passed

in favour of the petitioner in the following terms:

"In the meantime, the order dated 12.7.2011 (Annex.14) shall remain stayed upto 10.10.2011. The respondent university shall, while carrying out counseling may include the petitioner college for the purpose of allotment of the candidates."

13. The affiliation granted to the petitioner by the University was

further extended for the Academic Session 2012-13 vide order

dated 15.6.12 subject to the condition that the Institute shall fulfill

Council's norms within the stipulated time and no students shall

be admitted without prior permission of the Government of

India/Council and the University.

(c) Thus, the students took admission in 2010 at the first instance

in 2010 pursuant to the approval granted for the Academic

Session 2010-11. They were admitted in pursuant to an open

entrance test. They have completed their course and successfully

cleared BV Sc. & A.H. examination after paying a hefty fee for the

entire course. The Final Degrees too have been awarded to them.

They have completed the Course from a College which is affiliated

to the Rajasthan University of Veterinary and Animal Science,

Bikaner and the said University is included in the First Schedule to

the Indian Council of India which is the paramount professional

body set up by statute.

(d) The Apex Court in the case of Apollo College of Veterinary

Medicine (supra) held in para 44 as reproduced above that a

Degree obtained from a college which is affiliated to a University

which is included in the First Schedule to the Indian Veterinary

Council Act, 1984 cannot be held to be an invalid Degree for the

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purpose of Registration under the Veterinary Council of India

Registration Regulations, 1992. In fact, number of similar appeals

were also allowed by the Supreme Court. One such order passed

in Writ Petition (Civil) No. 815/2016 is reproduced as under:

"Having heard learned counsel for the parties, we are of the considered opinion that it is a fit case where the petitioner should be granted certificate of registration by the VCI. Needless to say, we have passed this order, regard being had to the special features of the case.

We may clarify, the college should not reap any benefit out of this order. Liberty is granted to the VCI to proceed against the office bearers of the College."

From the above, it is clear that the ratio of the judgment

rendered by the Apex Court in the case of Apollo College of

Veterinary Medicine (supra) is fully applicable to the case in hand.

Accordingly, all the above writ petitions are allowed and the

respondent VCI is directed to register the Degrees of the

petitioners awarded by the respondent University affiliated to the

respondent No.3 under the VCI (Registration Regulation) Act,

1982. It is clarified that the College shall not be entitled to get any

benefit out of this order."

The present writ petition too is allowed in the same terms.

(DR.PUSHPENDRA SINGH BHATI),J.

197-nirmala/Sanjay-

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