# APOLLO COLLEGE OF VETERINARY MEDICINE v. RAJASTHAN STATE VETERINARY COUNCIL & ORS

- **Citation:** [2014] 9 S.C.R. 935
- **Court:** Supreme Court of India
- **Decided:** 2014-07-25
- **Case number:** Civil Appeal No. 6842 of 2014
- **Bench:** R.M. Lodha Cji, Sudhansu Jyoti Mukhopadhaya
- **Source:** https://unisonlegal.in/judgment/supreme-court-of-india/apollo-college-of-veterinary-medicine-v-rajasthan-state-veterinary-council-ors-30233
- **Pages:** 30

## Headnote

VETERINARY COUNCIL OF IND/A ACT, 1984;
Object of the Act - Discussed.
Recognition of veterinary college - Held: It is mandatory
A
B
c
for a 'Veterinary college' imparting teaching of 8. V.Sc. & A.H.
Course to get recognized by the Central Government under 0
First Schedule to the Act.
Recognition of veterinary college - Appellant-colleges
offering the course of 8. V.Sc and A.H. - 8. V.Sc and A.H.
examination conducted by the University recognized by
Veterinary Council of India and Central government - Refusal
E
to grant recognition to the colleges and also the degrees
granted to the students passed out from the said colleges -
High Court held that since 8. 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
F
purpose of registration under the Veterinary Council of India
(Registration) Regulations, 1992 and for other purpose -
Held: In the facts and circumstances of the case, the High
Court should have given a possible legal solution in respect
to the students who have already passed out from the
G
appellant-Colleges affiliated to Recognised University by
directing the Central Government to make appropriate
amendment in the First Schedule of the Indian Veterinary
Council Act, 1984 so as to include these Colleges in the First
935
H
936
SUPREME COURT REPORTS
[2014) 9 S.C.R.
A Schedule for the purpose of recognition of B. V.Sc. & A.H.
degree on or before dates specified - In case of other
students admitted and pursuing their studies, the Central
Government is directed to call for a fresh report from the
Veterinary Council of India and to pass appropriate order ul
s s.15(2) rlw.s.21 (4) of the Act - In case it is not possible to
recognize the College beyond such date as ordered, the
Veterinary Council of India is directed to take steps to transfer
the students to some other recognized Colleges against their
corresponding year to complete the B .. V.Sc. & A.H. course.
c
Allowing the appeals, the Court
.HELD: 1. The Veterinary Council Act, 1984 was
enacted with the object to control and regulate veterinary
practice and to provide for the establishment of a
D Veterinary Council of India and State Veterinary Councils
• and for the maintenance of registers of veterinary
practitioners. [para 27] [950-E]
2. A conjoint reading of Sections 2(e), 20) and Section
E 15 of the Act makes it clear that recognition of veterinary
qualifications is mandatory, in case degrees, diplomas or
licences in B.V.Sc. & A.H. is granted by Veterinary
Institution (University) in India, whether by itself directly
or through a recognized Veterinary College. Only those
F colleges imparting veterinary education for the award of
B.V.Sc. & A.H. degree having the required number of
departments/units, infrastructure, manpower and other
facilities as per Regulation, 2008 affiliated to a Veterinary
Institution (University) and recognized by Veterinary
Council of lridia are said to be recognized Veterinary
G College. Section 15 read with sub Section (4) of Section
21 empowers the Central Government to make an entry
in the appropriate Schedule (First.Schedule) declaring
that veterinary qualification granted to students of a
specified College or Institution affiliated to any Veterinary
H
APOLLO COLLEGE OF VETERINARY MEDICINE v. RAJASTHAN STATE
93 7
VETERINARY COUNCIL
Institution (University) shall be a recognized veterinary
A
qualification only when granted before a specified date
or that the said veterinary qualification shall be
recognized veterinary qualification in relation to the said
College or Institution affiliated to the University only when
granted after a specified date. On a meaningful reading
of the Statement of object and preamble of the Veterinary
Council Act together with Sections 2(e), 2(j), Sections 15,
B
19 and 21 and on a purposive construction of Regulation
2(n) of the Regulation 2008 read with Regulation 2(c) of
the Regulations, 1992, it is clear that only

## Text

_Characters 0–39,375 of 56,400. This is a partial read: ask again with offset=39375 for what follows._

[2014] 9 S.C.R. 935
APOLLO COLLEGE OF VETERINARY MEDICINE
V.
RAJASTHAN STATE VETERINARY COUNCIL & ORS.
(Civil Appeal No. 6842 of 2014)
JULY 25, 2014.
[R.M. LODHA CJI. AND
SUDHANSU JYOTI MUKHOPADHAYA, JJ.]
VETERINARY COUNCIL OF IND/A ACT, 1984;
Object of the Act - Discussed.
Recognition of veterinary college - Held: It is mandatory
A
B
c
for a 'Veterinary college' imparting teaching of 8. V.Sc. & A.H.
Course to get recognized by the Central Government under 0
First Schedule to the Act.
Recognition of veterinary college - Appellant-colleges
offering the course of 8. V.Sc and A.H. - 8. V.Sc and A.H.
examination conducted by the University recognized by
Veterinary Council of India and Central government - Refusal
E
to grant recognition to the colleges and also the degrees
granted to the students passed out from the said colleges -
High Court held that since 8. 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
F
purpose of registration under the Veterinary Council of India
(Registration) Regulations, 1992 and for other purpose -
Held: In the facts and circumstances of the case, the High
Court should have given a possible legal solution in respect
to the students who have already passed out from the
G
appellant-Colleges affiliated to Recognised University by
directing the Central Government to make appropriate
amendment in the First Schedule of the Indian Veterinary
Council Act, 1984 so as to include these Colleges in the First
935
H
936
SUPREME COURT REPORTS
[2014) 9 S.C.R.
A Schedule for the purpose of recognition of B. V.Sc. & A.H.
degree on or before dates specified - In case of other
students admitted and pursuing their studies, the Central
Government is directed to call for a fresh report from the
Veterinary Council of India and to pass appropriate order ul
s s.15(2) rlw.s.21 (4) of the Act - In case it is not possible to
recognize the College beyond such date as ordered, the
Veterinary Council of India is directed to take steps to transfer
the students to some other recognized Colleges against their
corresponding year to complete the B .. V.Sc. & A.H. course.
c
Allowing the appeals, the Court
.HELD: 1. The Veterinary Council Act, 1984 was
enacted with the object to control and regulate veterinary
practice and to provide for the establishment of a
D Veterinary Council of India and State Veterinary Councils
• and for the maintenance of registers of veterinary
practitioners. [para 27] [950-E]
2. A conjoint reading of Sections 2(e), 20) and Section
E 15 of the Act makes it clear that recognition of veterinary
qualifications is mandatory, in case degrees, diplomas or
licences in B.V.Sc. & A.H. is granted by Veterinary
Institution (University) in India, whether by itself directly
or through a recognized Veterinary College. Only those
F colleges imparting veterinary education for the award of
B.V.Sc. & A.H. degree having the required number of
departments/units, infrastructure, manpower and other
facilities as per Regulation, 2008 affiliated to a Veterinary
Institution (University) and recognized by Veterinary
Council of lridia are said to be recognized Veterinary
G College. Section 15 read with sub Section (4) of Section
21 empowers the Central Government to make an entry
in the appropriate Schedule (First.Schedule) declaring
that veterinary qualification granted to students of a
specified College or Institution affiliated to any Veterinary
H
APOLLO COLLEGE OF VETERINARY MEDICINE v. RAJASTHAN STATE
93 7
VETERINARY COUNCIL
Institution (University) shall be a recognized veterinary
A
qualification only when granted before a specified date
or that the said veterinary qualification shall be
recognized veterinary qualification in relation to the said
College or Institution affiliated to the University only when
granted after a specified date. On a meaningful reading
of the Statement of object and preamble of the Veterinary
Council Act together with Sections 2(e), 2(j), Sections 15,
B
19 and 21 and on a purposive construction of Regulation
2(n) of the Regulation 2008 read with Regulation 2(c) of
the Regulations, 1992, it is clear that only "Veterinary c
College" imparting teaching in veterinary science and
animal husbandry through which a degree is conferred
by a University and is recognized by the Veterinary
Council of India and shown in the First Schedule is
eligible to impart teaching of B.V.Sc.& A.H. Course.
0
Therefore, it is mandatory for a "Veterinary College"
imparting teaching of B.V.Sc. & A.H. Course to get
recognized by the Central Government under First
Schedule to the Veterinary Council Act, 1984. [paras 33,
34, 37 to 39, 43) [952-D; 953-C; 956-D-H; 957-A-D; 961-A]
4. In the instant case, both the appellant-colleges
were permitted to be opened by the State of Rajasthan
E
and were affiliated with the University recognized by the
Veterinary Council of India. The Inspection Committee of
Veterinary Council of India inspected the colleges from
F
time to time and recommended for admission of students
subject to removal of certain deficiency. Though the
public n,otice was issued by Veterinary Council of India
informing that the B.V. Sc. & A.H. qualification of the
students of the College was not a recognized Veterinary
G
qualification, the Veterinary Council of India granted no
objection to admit students. The students were admitted
pursuant to open entrance test. They completed their
course and successfully cleared B.V.Sc. & A.H.
examination. The students who already passed out were
H
938
SUPREME COURT REPORTS
[2014] 9 S.C.R.
A 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. Many of such
students who have already passed out are in
B Government service or in private service. The degree of
B.V.Sc. & A.H. granted by the university is included in the
First Schedule to the Indian Veterinary Council Act, 1984
as a degree fully recognized by the Veterinary Council of
India which is the paramount professional body set up
c by statute with authority to recognize the medical
veterinary qualifications granted by any University. The
High -Court 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
0 be treated as a valid qualification for the purpose of
registration under the Veterinary Council of India
(Registration) Regulations, 1992 and for other purpose.
In the facts and circumstances of the case, the High
Court should have given a possible legal solution in
respect to the students who have already passed out
E from the appellant-Colleges affiliated to Swami··
Keshwanand Rajasthan Agricultural University by
directing the Central Government to make appropriate
amendment in the First Schedule of the Act so as to
include these Colleges in the First Schedule for the
F purpose of recognition of B.V.Sc. & A.H. degree on or
before dates specified. So far as the other students who
have been admitted and are pursuing their studies are
concerned the Central Government is directed to call for
a fresh report from the Veterinary Council of India and to
G pass appropriate order u/ Section 15(2) r/w Section 21 (4)
of the Act. [paras 44, 45, 46, 49] [961-B-E; 962-C-H; 963A-B, G-H; 964-A-C]
CIVIL APPELLATE JURISDICTION : Civil Appeal No.
H 6842 of 2014.
APOLLO COLLEGE OF VETERINARY MEDICINE v. RAJASTHAN STATE 939
VETERINARY COUNCIL
From the Judgment & Order dated 17 .11.2011 in DBCW
A
No. 2635 of 2011 of the High Court of Rajasthan Bench,
Jodhpur Bench at Jaipur.
WITH
B
C.A. Nos. 6851, 6852, 6850, 6853, 6854, 6857, 6844-45,
6846-49, 6855 and 6856 of 2014.
Paras Kuhad, ASG., K.V. Vishwanathan, R.F. Nariman,
lndu Malhotra, Dr. Rajeev Dhawan, Harin P. Raval, Dr. Manish
Singhvi, AAG., Kush Chaturvedi, Vivek Jain (Mahalakshmi
C
Balaji & Co.), Namrata Sood, Nishta Kumar, Vikas Mehta, Ajay
Sharma, Rajeev Sharma, Neelam Sharma, Gagan Gupta, Ram
Niwas Nikilesh Ramachandran, Bharat Bhushan, Madhu
Moolchandani, Jitin Chaturvedi, Aman Ahluwalia, R.
Nadumaran, Baldev Attreya, Richa Pandey (for D.S. Mahra),
D
Ashish Garg, Aftab Ali Khan, Navin Prakash, Tungesh, Kamini
Jaiswal, Rohit Kumar Singh, Sumeet Sharma, Ruchi Kohli,
lrhad Ahmad, SushH l:<umar Jain, Puneet Jain, Shristi Jain,
Suryanarayana Singh (for Pragati Neekhra) for the appearing
parties.
E
The Judgment of the Court was delivered by
SUDHANSU JYOTI MUKHOPADHAYA, J. 1. Leave
granted.
2. As all these appeals involve the same issue relating to
the recognition of Veterinary College(s) under Veterinary
Council of India Act, 1984; they were heard together and are
disposed of by this common judgment.
F
3. Apollo College of Veterinary Medicine, Jaipur (for short
G
"Apollo College") and Mahatama Gandhi College, Bharatpur
{for short "Mahatama Gandhi College") are two private colleges
in Rajasthan offering the course of Bachelor of Veterinary
Science and Animal Husbandry (hereinafter referred to as
"B.V.Sc. & A.H"). A number of students of the said colleges
H
940
SUPREME COURT REPORTS
[2014] 9 S.C.R.
A
have passed the B.V.Sc. & A.H examination conducted by the
Rajasthan Agricultural University (now known as Swami
Keshwanand Rajasthan Agricultural University, Bikaner),
recognized by Veterinary Council of India and Central
Government. Students who have passed such examination from
s
the aforesaid two Colleges have enrolled with Rajasthan State
Veterinary Council are now practicing Doctors in State and
private sectors. There are also number of students who are
pursuing their studies in the said colleges.
4. The aforesaid two Colleges were permitted to be
C
opened by the State of Rajasthan subject to the grant of
affiliation recognition by the Veterinary Council of India. The
B.V.Sc. & A.H .courses offered by the said colleges were
affiliated to Rajasthan Agricultural University (hereinafter
referred to as the, "Agricultural University). After a number of
D
inspections made from time to time, the Veterinary Council of
India recommended the Central Government to recognize the
aforesaid two Colleges and the degrees granted to the students
who have passed out from those Colleges. Later, by an order
dated 20th February, 2010, Government of India intimated that
E
"it has not been found possible to grant recognition to the
degrees awarded by the Apollo College of Veterinary
Medicine, Jaipur." The Veterinary Council of India by letter dated
22nd February, 2010 intimated the Registrar about the decision
of Central Government. The Rajasthan State Veterinary Council
F
was also asked to delete the names of the Doctors from their
Register. The aforesaid orders refusing to grant recognition to
the Apollo College and degrees granted to the students passed
out from the said College were challenged by a number of
alumni of the said College who are practicing Doctors who
G passed out from the said College and also by the students
pursuing their studies in Apollo College.
5. Similar orders were made refusing to recognize the
Mahatma Gandhi College as well. The students of the said
College including the alumni moved before the High Court for
H direction to the Union of India to issue appropriate notification
APOLLO COLLEGE OF VETERINARY MEDICINE v. RAJASTHAN STATE
941
VETERINARY COUNCIL [SUDHANSU JYOTI MUKHOPADHAYA, J.]
thereby including the name of the Mahatama Gandhi College! A
in the First Schedule of the Veterinary Council of India Act.
During the pendency of the writ petition the Veterinary Council
of India by letter dated 8th December, 2011, inter alia, decided
not to consider B.V.Sc. & A.H. course in respect of Mahatama
Gandhi college for recognition and intimated the same to the
B
concerned authorities. The said letter was also challenged
before the High Court in the pending writ petition.
6. The writ petitions filed by the alumni and the students
of the Apollo College were heard together and the Division C
Bench of the Rajasthan High Court, Jaipur Bench, Jaipur by a
common judgment dated 17th November, 2011 dismissed the
writ petitions and upheld the orders, letters and notifications
issued by the Veterinary Council of India/Union of India refusing
to grant recognition to the Apollo College and the degrees
granted to the students passed out from said College. Following D
the aforesaid decision, learned Single Judge of the Rajathan
High Court, Jaipur Bench, Jaipur by the judgment dated 23rd
December, 2011 dismissed the writ petition preferred by the
students who have passed out from the Mahatama Gandhi
College.
E
7. Before deciding the aforesaid question, it is necessary
to notice in detail the relevant factual matrix of the case
concerning the Apollo College and the Mahatama Gandhi
College:
F
8. Apollo College
The Government of Rajasthan on 1 Oth,August, 1998,
granted No Objection Certificate (NOC) to the Apollo College
of Veterinary Medicine to offer a course in Bachelor of G
Veterinary Science and Animal Husbandry (B.V. Sc. & A.H.
Course) with a capacity of 50 seats subject to grant of
permission by the Union of lndiaNeterinary Council of India;
Rajasthan Agricultural University granted affiliation to the Apollo
College on 6th November, 2000 for teaching 1st year B.V. Sc.
H
942
SUPREME COURT REPORTS
[2014] 9 S.C.R.
A
& A.H. Course and later the affiliation was extended for a period
of two years for the subsequent academic years.
9. The Inspection Committee of Veterinary Council of India
inspected the Apollo College from time to time. By inspection
8
report, 2003, the Committee reported that the facilities at the
College and staff seems to be adequate except for 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. On 13th
C
August, 2004, Veterinary Council of India informed the
•
Agricultural University that as per record available with the
Council, the Apollo College was not a constituent college of'
Agricultural University for the purpose of awarding recognized
veterinary qualifications. The Veterinary Council of India by its
D
letter dated 2nd February, 2005, informed the Government of
Rajasthan and the Agricultural University to stop admissions in
the Apollo College as it has not been included in the First
Schedule of Indian Veterinary Council Act for the purpose of
such recognition. Public notices were also issued by Veterinary.
E
Council of India on 12th May, 2005 and 20th May, 2005 in Jaipur
editions of the Indian Express and Rajasthan Patrika informing
that the BV Sc & AH qualification of the students of the Apollo
College was not a recognized Veterinary qualification.
F
10. Thereafter, on 21st November, 2005, Veterinary
Council of India granted no objection to admit students in the
Apollo College subject to extension of affiliation granted by the
Agricultural University. Pursuant to NOC granted by Veterinary
Council of India, the Agricultural University by letter dated 26th
G
November, 2005 granted permission to Apollo College to admit
students.
11. According to the appellants, they competed in the
Rajasthan pre-medical/Rajasthan pre-Veterinary (RPM/RPV)
open entrance test and were allotted to the Apollo College
H
B.V.Sc. & A.H. Course. Apollo College was subsequently
. APOLLO COLLEGE OF VETERINARY MEDICINE v. RAJASTHAN STATE 943
VETERINARY COUNCIL [SUDHANSU JYOTI MUKHOPADHAYA, J.]
inspected by Veterinary Council of India Inspectors on 22ndA
24th January, 2007 who submitted report stating that the Apollo
College was following Veterinary Council of India norms
regarding infrastructure etc. and that there was a need to
strengthen manpower and equipments as well as TVCC,
livestock farm and experimental animal facilities. However, a
B
public notice was issued by Veterinary Council of India on 10th
April, 2007 informing the public .in general that the Apollo
College has published misleading and incorrect information that
the College has been granted recognition by the Veterinary
Council of India and, therefore, public in general was informed c
that the matter of recognition of the qualification in respect of
the College shall be considered by the Veterinary Council of
India in due course only on fulfillment of requirement and the
Council does not recognize B.V.Sc. & A.H. qualification of the
said College.
o
12. Another team of Veterinary Council of India inspect the
Apollo College on 22nd -23rd November, 2007 and reported
that in view of the deficiencies mentioned therein, the
qualification of the University in respect of the College should
not be considered for recognition at that point of time. However,
when representatives of Agricultural University and the
Veterinary Council of India held meeting, by its proceedings
dated 2nd February, 2008, they recorded that the University was
convinced that the minimum academic/attendance
requirements as per Veterinary Council of India Regulations
have been met in respect of the 1st batch of students of the
Apollo College and thereafter, Veterinary Council of India
granted provisional recognition of B.V.Sc.& A.H. degree on 1 oth
March, 2008 in respect of 1st batch of students oMhe Apollo
College who completed the 5 year course. On 27th February,
2009, the Veterinary Council of India informed the Agricultural
G
University that it has requested the Central Government to take
necessary action to recognize the qualification of the 2nd batch
E
F
of students of Apollo College admitted in the year 2004. It was
followed by a letter dated· 24th July, 2009 whereby Veterinary
Council of India intimated the Agricultural University that the
H
944
SUPREME COURT REPORTS
[2014] 9 S.C.R.
A Veterinary Council of India has decided to recommend to the
Union of India for recognition of qualification of students
admitted in the month of December, 2004 i.e. 3rd batch of
students. On 24th July, 2009, Veterinary Council of India also
informed the Agricultural University that the Apollo College
B could admit students for the Academic Session 2009-2010. In
the meantime, the Agricultural University by its letter dated 3rd
September, 2009 granted affiliation to the Apollo College for
the Sessions 2007-2008 and 2008-2009.Subsequently, the
Expert Committee appointed by Veterinary Council of India
c (Balaraman Committee) recommended on 16th November,
2009 that 55 faculty members are sufficient in B.V. Sc. & A.H.
Course. On 20th February, 2010 the Central Government
through Ministry of Animal Husbandry, Dairying & Fisheries by
the impugned order refused to grant recognition to degrees
D awarded by the Apollo College.
13. The Veterinary Council of India in its turn referring to
the order dated 20th February, 2010 issued by the Central
Government directed the Registrar, Rajasthan Agricultural
University by order dated 22nd February, 2010 not to admit
E students in the B.V. Sc. & A.H. degree course in the Apollo
College henceforth. Thereafter the Central Government vide
letter dated 22nd March, 2010 issued amendment to their
earlier order as below.
F
No. For
Read
1.
It has not been found possible It has not been found
to grant recognition to the
possible to grant
degree awarded by the
recognition to the
Apollo College of Veterinary
degree awarded to the
G
Medicine, Jaipur.
students passing out
from the Apollo College
of Veterinary Medicine,
Jaipur.
H
14. The aforesaid amendment was brought to the notice
APOLLO COLLEGE OF VETERINARY MEDICINE v. RAJASTHAN STATE
945
VETERINARY COUNCIL [SUDHANSU JYOTI MUKHOPADHAYA, J.)
of the Registrar, Swami Keshwanand Rajasthan Agricultural
A
University, Bikaner by Veterinary Council of India by letter dated
20th April, 2010. It was followed by notification issued by the
Central Government on 29th April, 2010 whereby in exercise
of the powers conferred by sub-section (2) of Section 15 of the
Indian Veterinary Council Act, 1984, the Central Government
B
amended the First Schedule of the said Act in the following
manner:
"In the First Schedule to the said Act, under sub-heading
"Degrees",-
C
(i)against serial number 33, relating to Rajasthan
Agricultural University, in column 3, under the letters "B.V.
Sc. & A.H.", the following words, figures and letters shall
be added, namely:-
"This qualification shall be a- recognized veterinary o
qualification as aforesaid only when granted on or before
10.9.2009."
(ii)after serial number 73 and the entries relating thereto,
the following serial number and entries shall be added,
namely:-
E
1
2
3
74.Swami
Bachelor of
B.V.Sc.& A.H.
Keshwanand
Veterinary Science
(This gualification
Rajasthan
and Animal
shall be a
F
Agricultural
Husbandry
recognized
University,
veterinary
Bikaner in
gualification as
resQect of
aforesaid only
College of
when granted on
G
Veterinary
or after
and Animal
11.9.2009.
Science.
Bikaner
H
946
SUPREME COURT REPORTS
(2014) 9 S.C.R.
A The developments as taken place after issuance of impugned
orders and notifications:
15. On 13th May, 2010 the Rajasthan University of
Veterinary and Animal Sciences came into existence by carving
B out the units of ~eterinary and Animal Sciences sector from the
Swami Keshwanand Rajasthan Agricultural University, Bikaner
and Maharana Pratap University of Agriculture & Technology,
· Udaipur. Registrar, Rajasthan University of Veterinary and
Animal Sciences, Bikaner by letter dated 19th August, 2010
referring to the admissions of students in Apollo College
C intimated the Secretary, Ministry of Animal Husbandry, Dairying
& Fisheries, Government of India, New Delhi that the University
conducted the physical inspection of the Apollo College on 27th
July, 2010 and on the basis of inspection, the University has
granted the affiliation for the year 2010-2011 and post facto
D affiliation for the session 2009-2010. It was further intimated that
the report of inspection team has revealed that the facilities at
Apollo College are adequate as per the Veterinary Council of
India· norms for training of students and requested the
authorities to review the earlier order dated 20th February, 2010
E and to include the appellant in the Schedule-1 of the Indian
Veterinary Council Act, 1984.
16. A team under the leadership of Mr. N.K. Bhattacharya
of Veterinary Council of India re-inspected the Apollo College
F between 22nd November, 2010 and 24th November, 2010.
The Bhattacharya Committee by its Report intimated that overall
facilities in all disciplines were found satisfactory, for theoretical
and practical teachings of the B.V.Sc. & A.H. degree course
and were adequate to maintain minimum standards for
G imparting the said course as per the VCI Regulations, 2008.
17. By letter dated 31st January, 2011 the Central
Government informed the Rajasthan University of Veterinary and
Animal Sciences that the Apollo College had been inspected
by Veterinary Council of India team during 22nd to 24th
H November, 2010 and the recommendation from Veterinary
APOLLO COLLEGE OF VETERINARY MEDICINE v. RAJASTHAN STATE
94 7
VETERINARY COUNCIL [SUDHANSU JYOTI MUKHOPADHAYA, J.]
Council of India was awaited. The Veterinary Council of India
A
was requested by the Central Government on 24th March, 2011
to send its recommendation in the light inspection carried out
between 22nd and 24th November, 2010. The Veterinary
Council of India by letter dated 29th March, 2011 intimated the
Rajasthan State Veterinary Council that it had recommended
the Central Government for recognition of degrees awarded by
B
the State University to students of Apollo College but the
notification was not yet issued by the Central Government. On
30th March, 2011 Executive Committee of the Veterinary
Council of India decided to recommend the Apollo College to
C
the Central Government for recognition of qualifications of first
three batches admitted upto the academic year 2009. The
Central Government by letter dated 6th July, 2011 requested
the Veterinary Council of India to review the case of recognition
of the Apollo College in the light of deficiencies pointed out by
D
the Inspection team. The Executive Committee of Veterinary
CouacH of India considered the proposal for recognition of the
-qualification in respect of the Apollo College by letter dated 11th
July, 2011 and recommended the Central Government for
recognition of the qualification.
E
18. MAHATAMA GANDHI COLLEGE
On 24th May, 2005, the Government of Rajasthan, -
Animal Husbandry Department had granted NOC to Smt
Urmila Devi Mangaiya Paropkari Trust, to open the Veterinary
College. On 28.06.2005, Rajasthan Agricultural University,
Bikaner conditionally affiliated the College and allowed to open
admission on receipt of permission from the VCl/Government
of India. The Veterinary Council of India issued NOC to open
F
Veterinary College on 9th November, 2005.
G
19. On 26th November, 2005, Rajasthan Agricultural
University, Bikaner issued notification to allow admission to the
College. In the meantime, affiliation was extended by University
from time to time. The State Veterinary Council informed
Government of India on 12th October, 2010 about recognition
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948
SUPREME COURT REPORTS
[2014] 9 S.C.R.
A of BV Sc & AH qualification imparted by Maha.tma Gandhi
Veterinary College, Bharatpur affiliated to Rajasthan University
of Veterinary and Animal Sciences, Bikaner as per Section 15
(2) of the Veterinary Council of India Act.
20. A reminder was issued on 26th October, 2010 to the
8
Government of India. On 4th February, 2011, the Secretary,
Veterinary Council of India recommended for recognition of BV
Sc & AH Course offered by Mahatma Gandhi Veterinary
College, Bharatpur and it was informed that Veterinary Council
of India recognized the College. The Secretary, Veterinary
C Council of India on 29th March, 2011 informed the Registrar,
Rajasthan State Veterinary Council that though the Council had
recommended the Central Government for re~ognition of the
qualification in respect of Mahatma Gandhi Veterinary College,
Bharatpur, and the notification including the qualifications in
D respect of two Colleges i.e. Apollo College of Veterinary
Medicine, Jaipur and Mahatma Gandhi Veterinary College,
Bharatpur in the First Schedule was yet to be issued by the
Central Government.
E
21. In April, 2011 the Rajasthan Government put the
proposal in the Legislative Assembly to notify the name of
Mahatma Gandhi Veterinary College, Bharatpur as recognized
College. On 28th April, 2011 the Secretary, Veterinary informed
the Secretary, Department of Animal Husbandry, Dairying &
Fisheries that Mahatma Gandhi Veterinary Council, Bharatpur
F
has fulfilled the remaining deficiencies. Writ Petition No.4690/
2011 was filed by some of the appellants before the Rajasthan
·High Court for direction to the respondents to issue permanent
registration certificate and allow them to participate in the
selection process for appointment on the post of Veterinary
G Officer in pursuance of the advertisement issued by the
Rajasthan Public Service Commission. On 30th May, 2011 an
interim order was passed by the High Court allowing them to
appear in the written test for appointment in the State.
H
22. On 8th December, 2011, the Veterinary Council of
APOLLO COLLEGE OF VETERINARY MEDICINE v. RAJASTHAN STATE
949
VETERINARY COUNCIL [SUDHANSU JYOTI MUKHOPADHAYA, J.]
India issued letter deciding not to recommend B.V.Sc. & A.H.
A
Course offered by of Mahatma Gandhi Veterinary College,
Bharatpur for recognition as the College does not fulfill the
minimum standard of Veterinary degree course. The High
Court dismissed the Writ Petition No.4690 of 2011 23rd
December, 2011 referring to the judgment of Division Bench
B
dated 17th November, 2011 in the case of Apollo College.
23. The questions involved in these appeals are as follows:
(i)
(it)
Whether it is mandatory for a 'Veterinary college'
imparting teaching of B. V.Sc. & A.H. Course to get C
recognized by the Central Government under First
Schedule to the Indian Veterinary Council Act,
1984; and
What should be a possible legal solution in the o
case of students who have .already passed out
from the colleges in not clear question.
24. Learned· counsel for the appellants challenged the
orders and notifications issued by Veterinary Council of India
and Central Government as also the impugned judgment on
E
following grounds:
(i)
The Central Government has no role to play in
recognition of any Veterinary College or Institution
in the State.
F
(ii)
Section 21 (4) of the Indian Veterinary Council Act,
1984 does not talk of de-recognition of medical
degree or recognition of medical degree qua a
College. Once degree granted by a University is
G
recognized, there is no question of recognition of
College.
(iii)
The Control of Central Government or Council is not
same in all system. For example, the control of
Medical Council of India on Medical Colleges is
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950
SUPREME COURT REPORTS
[2014] 9 S.C.R.
different from the control of Veterinary Council of
India on Veterinary CoHeges.
25. On the other hand, according to learned Solicitor
General of India, Section 21 (4) of the Indian Veterinary Council
8
Act, 1984 empowers the Central Government to recognize or
de-recognize a degree awarded by a College. It is mandatory
for a College imparting teaching of B.V.SC. & A.H. course to
get recognized by the Central Government under First Schedule
to the Indian Veterinary Council Act, 1984 the students passing
C
out from such Colleges will not be allowed to register
themselves with the State Veterinary Council.
26. For determination of the core issue involved in these
appeals, it is desirable to refer the relevant provisions of the
Indian Veterinary Council Act, 1984, rules and regulations
D
framed there under and connected relevant facts:
27. The said Act was enacted with the object to control and
regulate veterinary practice and to provide for the establishment
of a Veterinary Council of India and State Veterinary Councils
E
and for the maintenance of registers of veterinary practitioners.
RECOGNIZED
VETERINARY
QUALIFICATION
&
INSTITUTIONS
28. Section 2(e) defines "recognized veterinary
F
qualification" as follows:
"recognized veterinary qualifications" means any of
the veterinary qualifications included in the First
Schedule or the Second Schedule"
G
29. Whereas Section 20) defines "Veterinary Institutions"
H
which reads as follows:
"veterinary institution" means any University or
other institution within or without India which grants
APOLLO COLLEGE OF VETERINARY MEDICINE v. RAJASTHAN STATE 951
VETERINARY COUNCIL [SUDHANSU JYOTI MUKHOPADHAYA, J.]
degrees, diplomas or licences in veterinary science and
A
· animal huSbandry"
30. Rajasthan University of Veterinary and Animal
Sciences, Bikaner grants degrees in veterinary science and
animal husbandry and come within the meaning of Section 2(j)-
8
"Veterinary Institutions".
31. The Apollo College and Mahatma Gandhi College
imparts teaching in veterinary science and animal husbandry.
These two colleges do not grant any degree and, thereby, the
Colleges aforesaid do not come within the meaning of Section
C
2(j)- "Veterinary Institutions".
32. Section 15 of the Act deals with recognition of
"veterinary qualifications" granted by veterinary institutions
(Universities) in India which is quoted hereunder.
o
"15. Recognition of veterinary qualifications granted by
veterinary institutions in lndia.-(1) The veterinary
qualifications granted by any veterinary institution in
India which are included in the First Schedule shall be
recognised veterinary qualifications for the purposes of
E
this Act.
(2) Any veterinary institution in India which grants a
veterinary qualification not included in the First Schedule
may· apply to the Central GowHnment to have such
F
qualification recognised and the Central Government,
after consultmg the Council, may, by notification in the
Official Gazette, amend the First Schedule so as to
include such qualification therein and any such
notification may also direct that an entry shall be made
G
in the last column of the First Schedule against such
veterinary qualification declaring that it shall be a
recognised veterinary qualification only when granted
after a specified date."
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A
The aforesaid provision makes it clear that on and from
the date of enactment of the Act, the veterinary qualifications
granted by the Veterinary Institutions (Universities) in India
included in the First Schedule are only the recognized veterinary
qualifications for the purpose of the Act. For inclusion of any
B other veterinary qualification, Veterinary Institution (University)
in India is required to apply to the Central Government to have
such qualification recognized under sub Section (2) of Section
15 of the Act. In such case in consultation with the Veterinary
Council of India, the Central Government may by notification in
c the Official Gazette amend the First Schedule so as to include
such qualification therein.
33. A conjoint reading of Section 2(e), 20) and Section 15
makes it clear that recognition of veterinary qualifications is
mandatory, in case of degrees, diplomas or licences in B.V.Sc.
D & A.H. is granted by Veterinary Institution (University) in India,
whether by itself directly or through a recognized Veterinary
College.
34. "Veterinary Collage" and "Recognized Veterinary
E College"
"Veterinary College" is defined in Section 2(n) of "The
Veterinary Council of India-Minimum Standards of V~terinary
Education-Degree Course (B.V.Sc. & A.H.) Regulations, 2008"
F (hereinafter referred to as Regulations 2008) and it reads as
follows:
"(n) "Veterinary College" means an institution imparting
veterinary education for the award of B. V.Sc. & A.H.
degree having the required number of departments/units,
G
infrastructure, manpower and other facilities as laid down
in these Regulations under the overall administrative
control of the Dean/Principal."
Section 2(c) of "The Veterinary Council of India (Registration)
H Regulations, 1992" (hereinafter referred to as Regulations,
APOLLO COLLEGE OF VETERINARY MEDICINE v. RAJASTHAN STATE
953
VETERINARY COUNCIL [SUDHANSU JYOTI MUKHOPADHAYA, J.]
1992) defines "recognized veterinary college" and it reads as
A
follows:
"Recognized Veterinary College" means a Veterinary
College affiliated to a University and recognized by
Veterinary Council of India."
Thus, only those colleges imparting veterinary education
B
for the award of B.V.Sc. & A.H. degree having the required
number of departments/units, infrastructure, manpower and
other facilities as per Regulation, 2008 affiliated to a Veterinary
Institution (University) and recognized by Veterinary Council of C
India are said to be recognized Veterinary College ..
35. INSPECTION OF UNIVERSITY. COLLEGE/
INSTITUTION
Section 19 of the Act reads as follows:
D
"19. Inspection of veterinary institutions and
examinations.-(1) A Committee constituted under
Section 12 may, subject to regulations, if any, made by
the Council, appoint such number of veterinary E
inspectors as it may deem requisite to inspect any
veterinary institution or any college or other institution
where veterinary education is given or to attend any
examination held by any veterinary institution for the
purpose of recommending to the Central Government F
recognition of veterinary qualification granted by that
veterinary institution.
(2) The veterinary inspectors shall not interfere with
the conduct of any training or examination, but shall G
report to the Committee on the adequacy of the standards
of veterinary education including staff, equipment,
accommodation, training and other facilities prescribed
by regulations for giving veterinary education or on the
sufficiency of every examination which they attend.
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SUPREME COURT REPORTS
[2014] 9 S.C.R.
A
(3) The Committee shall forward a copy of any such
report to the veterinary institution concerned and shall
also forward a copy with remarks, if any, of the said
institution thereon, to the Central Government."
8
From sub Section (1) of Section 19 of the Act, it is clear
that a Committee constituted by the Council under Section 12
can appoint .veterinary inspectors to inspect not only veterinary
institution (University) but also college and other institutions
where veterinary education is imparted for the purpose of
recommending to the Central Government recognition of
C
veterinary qualification granted by that Veterinary Institution
(University). Therefore, the College and Institution through which
B.V.Sc & A.H. degree is imparted also come under the purview
of the Act for the purpose of recognition of veterinary
qualification granted by the Veterinary Institution (University).
D
36. Section 21 of the Act reads as follows:
"21. Withdrawal of recognition.- (1) When upon report by
the Committee or the visitor, it appears to the Counci/-
E
(a) that the courses of study and examinations to be
undergone in, or the proficiency required from candidates
at any examination held by, any veterinary institution, are
not in conformity with the regulations made under this Act
F
G
H
or fall short of the standards required thereby, or
/
(b) that the staff, equipment, accommodation, training and
other facilities for instruction and training provided in
such veterinary institution or in any college or other
inst4tution affiliated to it do not conform to the standards
prescFibed by the Council. the Council shall make a
representation to that effect to the Central Government.
(2) After considering such representation, the Central
Government may send it to the State Government of the
State in which the veterinary institution is situated and the
State Government shall forward it along with such
APOLLO COLLEGE OF VETERINARY MEDICINE v. RAJASTHAN STATE 955
VETERINARY COUNCIL [SUDHANSU JYOTI MUKHOPADHAYA, J.]
remarks as it may choose to make to the veterinary
A
institution, with an intimation of the period within which that
institution may submit its explanation to the State
Government.
(3) On receipt of the explanation or, where no explanation
B
is submitted within the period fixed, then on the expiry of
that period, the State Government shall make its
recommendation to the Central Government.
(4) The Central Government, after making such inquiry, c
if any, as it may deem fit, may, by notification in the
Official Gazette, direct that an entry shall be made in the
appropriate Schedule against the said veterinary
qualification declaring that it shall be a recognised
veterinary qualification only when granted before a
D
specified date or that the said veterinary qualification if
granted to students of a specified college or institution
affiliated to any veterinary institution shall be a
recognised veterinary qualification only when granted
before a specified date or, as the case may be, that the
said veterinary qualification shall be a recognised
veterinary qualification in relation to a specified college
E
or institution affiliated to any veterinary institution only
when granted after a specified date:
Provided that before issuing such notification the Central
Government may consult the Indian Council of
Agricultural Research. "
F
37.