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2021 Supreme(Raj) 2089

RAJASTHAN HIGH COURT
Pushpendra Singh Bhati, J.
Paras Bakshi - Appellant
Versus
The Union of India & Ors. - Respondents
S.B. Civil Writ Petition No. 11858/2019
Decided On : 11-11-2021

Advocates appeared:
Mr. Cs Kotwani, for the Appellant, Mr. Himanshu Sharma, Mr. Bhavit Sharma, for the Respondent.

Degrees from recognized universities cannot be invalidated due to the college's non-inclusion in the Indian Veterinary Council Act's schedule, protecting students' rights to registration.

Headnote:

Veterinary - Registration of Degrees - Indian Veterinary Council Act, 1984 - Sections 3, 12, 15, 18, 19, 21, 22, 23, 25 - The court interpreted the provisions of the Indian Veterinary Council Act, emphasizing that degrees from recognized universities should not be invalidated due to the college's non-inclusion in the Act's schedule, thus ensuring students' rights to registration.

Fact of the Case:

The petitioners sought registration with the Rajasthan State Veterinary Council after completing their B.V. Sc & AH degrees from a college affiliated with a recognized university, despite the college not being listed in the Indian Veterinary Council Act's schedule.

Finding of the Court:

The court found that the petitioners were entitled to registration as their degrees were conferred by a recognized university, and the objections raised by the Veterinary Council of India were not valid in light of previous judgments.

Issues: Whether the petitioners, who completed their veterinary degrees from a college affiliated with a recognized university, are eligible for registration with the Rajasthan State Veterinary Council despite the college's non-inclusion in the Indian Veterinary Council Act's schedule.

Ratio Decidendi: The court held that degrees obtained from a university recognized under the Indian Veterinary Council Act cannot be deemed invalid solely because the college is not listed in the Act's schedule, ensuring students are not penalized for institutional shortcomings.

Result: The writ petitions are allowed, directing the Veterinary Council of India to register the degrees of the petitioners.

ORDER

Dr. Pushpendra Singh Bhati, J. - In the wake of second surge in the COVID-19 cases, abundant caution is being maintained for the safety of all concerned.

2. 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. 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.).

3. 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.

4. 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.

5. 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 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.

6. Heard.

7. 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 2014-15 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 Veterina

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