Dr. Shiv Prasad Joshi & 14 others v. State of Rajasthan
1996-10-11
N.L.TIBREWAL
body1996
DigiLaw.ai
JUDGMENT 1. - All the petitioners in the petition are Veterinary Assistant Surgeons under State service in Animal Husbandry Department. After obtaining qualification of Bachelor of Animal Husbandry & Veterinary Science (B.V. Sc. & A.H.) from the College of Veterinary and Animal Science, Bikaner, they came to be appointed as Assistant Surgeons after due selection under the provisions of the Rajasthan Animal Husbandry Service Rules, 1963 by the Rajasthan Public Service Commission in different years as detailed out in para-5 of the petition. After completing three years service as Veterinary Assistant Surgeons, they have been permitted to pursue higher studies i.e. M.V.Sc. in the College of Veterinary and Animal Science, Bikaner except the petitioner Dr. Mrs. Sheela Choudhary who has been permitted to prosecute Ph.D. Course after completing her M. V . Sc. 2. The grievance of the petitioners is that they have been permitted to prosecute higher studies on the basis of study lave and not on deputation like Medical Doctors and other Government employees and this amounts to discrimination being violative of Articles 14 and 16 of the Constitution. 3. It is contended by the learned counsel for the petitioner that out of 15 petitioners 12 petitioners were admitted in previous year of two years M.V.Sc. Course in the academic year 1994-95, while the petitioners no. 1 and 2 were admitted in 1995-96 and petitioner Mrs. Sheela Choudhary has been granted permission in Ph.D. course in the academic session of 1994-96. Learned counsel contended that all the petitioners are in-service candidates who are prosecuting higher studies, but are being treated discriminately so far their study period is concerned. learned counsel contended that the course of Bachelor of Animal Husbandry and Veterinary Science is a five year course like MBBS course. In both the courses, a candidate is required to complete inter ship for one year after passing MBBS or B.V.Sc. and A.H. examination. After MBBS one can prosecute higher studies for M.S. or M.D. and after M.S. and M.D. for Doctoral studies in super specialities and similar is position in B.V. Sc. & A.H. for a Veterinary Assistant Surgeon who wants to prosecute higher studies after passing B.V.Sc. & A.H. examination.
and A.H. examination. After MBBS one can prosecute higher studies for M.S. or M.D. and after M.S. and M.D. for Doctoral studies in super specialities and similar is position in B.V. Sc. & A.H. for a Veterinary Assistant Surgeon who wants to prosecute higher studies after passing B.V.Sc. & A.H. examination. Learned counsel contended that if Medical doctors, similarly circumstanced, are allowed to prosecute higher studies after MBBS and they are treated on deputation with full emoluments, there is hardly any justification to deprive Veterinary Assistant Surgeons of the same benefits if they prosecute higher studies as in-service candidates. Learned counsel further contended that even Physical Education Teachers are given full salary and treated on deputation who are sponsored for various Diploma Courses for different games/sports taught at Netaji Subhash Sports Institution, Patiala. It was also pointed out that other states, for example, Haryana, Punjab, Jammu and Kashmir and Andhra Pradesh give full salary to Veterinary in-service Doctors to prosecute higher studies as study leave.Smt. Anupama Chaturvedi appearing for the respondents on the other hand, contended that the petitioners cannot be treated at par with Medical Doctors who pursue higher studies after passing MBBS or M.S./M.D. examinations. However, she could not point out any distinguishable circumstance or circumstances for the differentiation between the Veterinary Doctors and Medical Doctors. 4. A Division Bench of this Court in Dr. P.M. Bhandari and Dr. R.R. Patwa's cases D.B. Civil Writ Petitions Nos. 72 of 1983 and 198/83 decided on August 1, 1988 disagreeing with the contention of the State Government that MBBS Doctors were not entitled full salary for prosecuting Post Graduate studies, allowed the petitions and directed their study period to be treated on deputotion with full salary and allowances. Similar view has been taken by this Court in Mohan Lal Agrawal and 10 others v. State of Rajasthan, S.B. Civil Writ Petition No. 6853/91 decided on 6.12.91 and Dr. Yudhishtir Tiwari v. State of Rajasthan and others S.B. Civil Writ Petition No. 7010/91 decided on 16.12.91 . I am not impressed by the argument made on behalf of the respondents that the petitioners being Veterinary Doctors are not entitled to a similar treatment like medical Doctors. The period of study for a Veterinary Doctor for passing B.V. Sc.
Yudhishtir Tiwari v. State of Rajasthan and others S.B. Civil Writ Petition No. 7010/91 decided on 16.12.91 . I am not impressed by the argument made on behalf of the respondents that the petitioners being Veterinary Doctors are not entitled to a similar treatment like medical Doctors. The period of study for a Veterinary Doctor for passing B.V. Sc. and A.H. is the same as that of M.B.B.S. In both cases, higher studies in post-graduate courses can be prosecuted by the candidates, the only difference is that Veterinary Doctors treat animals while medical Doctors treat human beings. So far their study period, training, practical/clinical/research work is concerned, there is no basic difference. If medical Doctors are given benefit of full salary and allowances treating their study period on deputation for higher studies in Post Graduate course, there is hardly any justification to deny the same benefit to Veterinary Doctors who also prosecute higher studies in Post-Graduate Courses. Any differentiation in treating them would amount discrimination under Articles 14 and 16 of the Constitution.Consequently, this petition deserves to be allowed and it is hereby allowed. The respondents are directed to give similar treatment to the petitioners and other similarly situated persons like Medical Doctors and their study period in Post-Graduate Course/Courses be treated on deputation with full salary and allowances instead of study leave.Petition allowed. *******