SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2014 Supreme(SC) 937

SUPREME COURT OF INDIA
R.M. Lodha, CJI., Sudhansu Jyoti Mukhopadhaya, J.
Apollo College of Veterinary Medicine - Appellants
Vs.
Rajasthan State Veterinary Council - Respondent
Civil Appeal No. 6842 of 2014 (Arising out of SLP (C) No. 35057 of 2011), C.A. No. 6851/2014 (Arising out of SLP (C) No. 9216/2012), C.A. No. 6852/2014 (Arising out of SLP (C) No. 9217/2012), C.A. No. 6850/2014 (Arising out of SLP (C) No. 5301/2012), C.A. No. 6853/2014 (Arising out of SLP (C) No. 9766/2012), C.A. No. 6854/2014 (Arising out of SLP (C) No. 13493/2012), C.A. No. 6857/2014 (Arising out of SLP (C) No. 23247/2012), C.A. Nos. 6844-45/2014 (Arising out of SLP (C) Nos. 142-143/2012), C.A. Nos. 6846-49 /2014 (Arising out of SLP (C) Nos. 1900-1903/2012), C.A. No. 6855/2014 (Arising out of SLP (C) No. 20779/2012) and C.A. No. 6856/2014 (Arising out of SLP (C) No. 22303/2012)
Decided On: 25.07.2014

Advocates Appeared:
Paras Kuhad, ASG, K.V. Vishwanathan, R.F. Nariman, Indu Malhotra, Rajeev Dhawan, Harin P. Raval, Sr. Advs., Manish Singhvi, AAG, Kush Chaturvedi, Vivek Jain, Advs. for Mahalakshmi Balaji and 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, Advs. for D.S. Mahra, Adv., Ashish Garg, Aftab Ali Khan, Navin Prakash, Tungesh, Kamini Jaiswal, Rohit Kumar Singh, Sumeet Sharma, Ruchi Kohli, Irhad Ahmed, Sushil Kumar Jain, Puneet Jain, Shristi Jain and Suryanarayana Singh, Advs. for Pragati Neekhra, Adv.

Headnote:

Indian Veterinary Council Act, 1984 – Section 21, 2, 19 and 15Indian Medical Council Act, 1956 – Section 11 – Veterinary Science and Animal Husbandry – Recognition and Intimated – Veterinary Council of India by letter intimated the Registrar about decision of Central Government – Rajasthan State Veterinary Council was also asked to delete names of Doctors from their Register aforesaid orders refusing to grant recognition to Apollo College and degrees granted to students passed out from said College were challenged by a number of alumni of the said College who are practicing Doctors who passed out from said College and also by students pursuing their studies in Apollo College – Held, High Court should have given a possible legal solution in respect to the students who have already passed out from the Apollo College and the Mahatma Gandhi College affiliated to Swami Keshwanand Rajasthan Agricultural University, Bikaner by directing the Central Government to make appropriate amendment in First Schedule so as to include Apollo College and Mahatma Gandhi College in the First Schedule for purpose of recognition of degree on or before far as it relates to Apollo College and respect of Mahatma Gandhi College direct accordingly – So far as the other students who have been admitted in the Apollo College and Mahatma Gandhi College and are pursuing their studies are concerned Central Government is directed to call for a fresh report from Veterinary Council of India and to pass appropriate order – Appeals are allowed.

JUDGMENT

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.

3. Apollo College of Veterinary Medicine, Jaipur (for short "Apollo College") and Mahatma Gandhi College, Bharatpur (for short "Mahatma 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 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 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 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 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 "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 22ndFebruary, 2010 intimated the Registrar about the decision of Central Government. The Rajasthan State Veterinary Council 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 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 direction to the Union of India to issue appropriate notification thereby including the name of the Mahatma Gandhi College 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 Mahatma Gandhi college for recognition and intimated the same to the 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 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 the aforesaid decision, learned Single Judge of the Rajasthan High Court, Jaipur Bench, Jaipur by the judgment dated 23rd December, 2011 dismissed the writ petition preferred by the studen
























































































Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon Back to top