The impugned Notification was set aside as it was issued without necessary scientific study and due diligence.

JUDGMENT

(Common Prayer: Writ Petitions filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus, calling for the records of the 2nd respondent in connection with the notification No.3/2015-2020, dt. 25.04.2016 and quash the same and further direct to the respondents No.1 & 2 not to prevent dog lovers from lawfully importing dogs into India for dog shows, as pets and for breeding.)

Common Order:

1. The Kennel Club of India (KCI), The Madras Canine Club (MCC) and C.R.Balakrishna Bhat are the petitioners in these Writ Petitions. Their prayer in common, is for a Certiorarified Mandamus quashing Notification No.3/2015- 2020 dated 25.04.2016. They also seek a direction to R1 and R2, being the Secretary, Department of Commerce and Industry and Director General of Foreign Trade (DGFT) (hereinafter referred to as R1 and R2/DGFT respectively) not to prevent dog lovers from lawfully importing dogs into India for dog shows, as pets and for breeding.

2. Heard Mr.R.Srinivas and Mr.V.Selvaraj, learned Senior Counsel appearing for learned counsel on record for the petitioners, Mr.AR.L.Sundaresan, learned Additional Solicitor General assisted by Mr.V.Chandrasekaran, learned Senior Panel Counsel appearing for R1 and R2 and Mr.Alagu Gowtham, learned Government Advocate appearing for R3. In addition, I had consulted Dr.R.Karunakaran, Dean of the Madras Veterinary College, Chennai, and Dr.Sujatha, Deputy Librarian, who have been most helpful in supplying books and literature to aid my understanding of the subject of native Dogs.

3. KCI was founded in the year 1896 by the British. It is the only private authority dealing with the interests of canines in India. It maintains the pedigree and stud book of various recognised dog breeds and its records date back to more than a century. It holds an ISO certification and a full membership of the Federation Cynologique International (FCI), the largest body in the world dealing with the interests of canines as well as the Asian Kennel Union and the Commonwealth Kennel Clubs as well as reciprocal arrangements with various major International Kennel Clubs.

4. KCI issues registration certificates as well as effects proper transfer of registration from one owner to another. Recently, it has also made it mandatory that all dogs registered with it be microchipped. The objects of the KCI are as follows:

‘1. The promotion of scientific breeding of dogs, issue of literature for the instruction and diffusion of scientific and useful knowledge for the general use of the members, collection of natural history ancient paintings, etc.,

2. The collection and dissemination of scientific or other useful information considered to be of interest to the member of the Club and others.

3. The promotion of scientific knowledge among the public in general about dogs, their special skills and their faithful companionship and promotion of dog as therapeutic and practical aid to mankind specially to the physically handicapped persons like the blind, mentally retarded, young and timid children and old and infirm men and women.

4. The promotion of scientific research about dog physiology and dog psychology and facets of mutual relationship between dogs and their inter relationship with their masters and their families.

5. The promotion and the advancement of education and science by furthering research into canine diseases and hereditary disorders.

6. The promotion or relief and suffering of dogs who are in need of care and attention and to sterilize unowned stray dogs to prevent their further breeding which would result in the prevention or minimizing of dreaded diseases such as, rabies, leptospirosis, tuberculosis and other parasitic diseases which are easily communicable to mankind.

7. The promotion and scientific breeding of the various Indian Breeds and placing them at car