The state's power to amend recruitment rules under Article 309 is subject to judicial review for manifest arbitrariness under Article 14; amendments that are inconsistent with specialized technical provisions of a parent Act (like the Indian Veterinary Council Act) and discriminatorily deprive feeder categories of promotion are liable to be quashed.

COMMON ORDER

1.These Writ Petitions have been filed challenging G.O.Ms.No.147, Animal Husbandry, Dairying, Fisheries and Fishermen Welfare (AH1-2) dated 14.08.2025 with consequential direction to the first respondent to follow the provisions contained in the Indian Veterinary Council Act, 1984 (hereinafter referred to as “the Act”).

2.These writ petitions have been filed by the persons who are working as Animal Husbandry Assistants from the year 2008 and by those who are working as Veterinary Assistant Surgeons in the Department of Animal Husbandry and Veterinary Services. The petitioners who are working as Animal Husbandry Assistants were called for to undergo eleven months training programme for promotion to the post of Livestock Inspector Grade-II, conducted by the Department of Animal Husbandry and Veterinary Sciences. The petitioners have been working for more than 17 years without any promotion and applied for the said course in order to get promotion to the Livestock Inspector Grade-II. They were selected and deputed for the eleven months training programme from 10.04.2023 to 09.03.2024. However, the same was subsequently cancelled by virtue of the amendment brought to the Rules prescribing the qualification for direct recruitment to the post of Livestock Inspector Grade-II, as per the impugned amendment which is under challenge. As per the amendment Rules, the qualification for the post of Livestock Inspector Grade-II, is as follows :

3.Further, every person appointed either by direct recruitment or by promotion is required, during the period of probation, to have completed the eleven months Livestock Inspector Training and to have passed the Departmental Tests in Animal Husbandry. The Government of Tamil Nadu has framed the Ad-hoc Rules relating to the post of Livestock Inspector Grade-II in the Animal Husbandry Subordinate Services by following the provisions of the Act. The proviso to Rule 30 of the Act provides for the eligibility of persons to render 'minor veterinary services'. Accordingly, a candidate should possess a Diploma in Veterinary Supervisor, Stockman or Stock Assistant, conducted by any Veterinary University or a certificate of Veterinary Supervisor, Stockman or Stock Assistant, issued by the Directorate of Animal Husbandry. The minimum educational qualification for admission to the said diploma or certificate course is +2 or its equivalent.

4. According to Rule 30 of the Act, the respondents had fixed +2 qualification as the eligibility criteria for appointment to 'minor veterinary services', viz., Livestock Assistant Grade-II/Livestock Inspector Grade-II and had imparted eleven months training to such candidates to make them eligible for the said para veterinary posts. The certificate course in Veterinary Nursing Assistant has also been introduced and conducted by the Tamil Nadu Veterinary and Animal Sciences University from the academic year 2017-2018 to enable +2 qualified candidates to acquire the requisite qualification for the posts in para veterinary services. This methodology has been followed and adopted by all States in the country. However, by way of amendment to the existing ad-hoc rules for the post of Livestock Inspector Grade-II, the respondents enhanced the educational qualification for the said post to a degree from any