JUDGMENT : J.B. PARDIWALA, J. 1. By this petition, in the nature of a public interest litigation, the petitioner has raised an issue regarding unauthorized practice as a veterinary. It is the case of the petitioner that the respondent No. 5, who is a live stock inspector, is not authorised to practice as a veterinary under the provisions of the Animal Cruelty Act, 1960. It is alleged that respondent No. 5 has administered medicines which have not been supplied by the Animal Husbandry Officer. In short, the sum and substance of the petitioner's case is that, the persons, who are not authorised to work as veterinaries, are prescribing medicines. 2. On notice being issued, the respondents have appeared and on behalf of the respondent No. 4, an affidavit in reply has been filed duly sworn in by Dr. Chandulal Ganeshji Chaudhri, Intensive Cattle Development Project. In the affidavit, there is a reference of Section 30 of the Indian Veterinary Council Act, 1984 which states that no person other than a registered veterinary practitioner can hold office of the Veterinary Doctor. Section 30 also provides an explanation as regards minor veterinary service which means the rendering of primary veterinary like vaccination, castration and dressing of wounds and such other types of aid of such ailment. The explanation to Section 30 further provides that the State Government may, by notification under the official gazette specify in that behalf as to who would be entitled to sign or authenticate a veterinary health certificate or any other certificate required in law. It is further stated in the reply that only a registered veterinary practitioner can perform the duty of a veterinary Doctor. However, the State Government may permit the persons holding appropriate qualifications as prescribed in Section 30(b) of the Act to render minor veterinary service. 3. It is the stance of the respondent No. 4 that the State Government has, vide notification dated 27.02.2001, described and specified the minor veterinary service which can be rendered by a live stock inspector. Our attention has been drawn to Annexure R which is a notification dated 27.02.2001 issued by the Agriculture and Cooperation Department, Department of Animal Husbandry wherein what is a primary aid and what types of aid would fall within the minor veterinary services has been specified. It includes: “1.
Our attention has been drawn to Annexure R which is a notification dated 27.02.2001 issued by the Agriculture and Cooperation Department, Department of Animal Husbandry wherein what is a primary aid and what types of aid would fall within the minor veterinary services has been specified. It includes: “1. Vaccinate animals against diseases to control diseases and to take timely veterinary aid under the supervision of Veterinary Officer. 2. To carry out castration of scrub bulls at head quarters as well as on tour. 3. To handle the cases like wounds, abscess and fistula. 4. To perform Artificial Insemination work to cow and buffaloes under the guidance of Veterinary Officer with necessary follow up and maintain records thereof. 5. To give primary treatment to the sick animals. 6. To manage to avail the first aid treatment to the animals for emergency. 7. To carry out necessary extension work in fodder production and Animal Husbandry Activities. 8. To carry out work for Head Registration, Milk Recording, Survey of Livestock Potentiality to attend rallies and cattle show work. 9. To spray the animals and birds for control octoparasites work of disinfection of cattle byres and live stock accommodation and related other preventive measures. 10. To carry out sheep and poultry development activities entrusted to him. 11. To carry out the work of storage and preservation of farm manure and related works thereof. 12. Any other duties assigned to livestock Inspectors by their Superior Officers from time to time.” 4. The State Government vide notification dated 29.11.2012 in exercise of powers conferred under Section 30(b) of the Act further revised the list of minor veterinary services for the purpose of the said Act. The revision in the list of minor veterinary services is as under: “1. Application or administration of the drugs as specified in the Schedule H of the Drugs and Cosmetic Rules, 1945 under the Drugs and Cosmetic Act, 1940 (23 of 1940) strictly as prescribed by a registered veterinary practitioner. 2. Compounding and dispensing of drugs/therapeutic preparations. 3. Rendering preliminary aid through oral administration of analgesics and antipyretics in cases of pain and fever. 4. Performing castration by closed method, dehorning, disbudding and de Page beaking. 5. Assisting registered veterinary practitioner in surgical/gynecological interventions. 6. Prophylactic vaccinations of animals. 7. Handling of superficial ailments like wounds, abscesses, external/superficial hemorrhages, burns etc. 8. Washing of mouth, hooves, feet, udder etc.
4. Performing castration by closed method, dehorning, disbudding and de Page beaking. 5. Assisting registered veterinary practitioner in surgical/gynecological interventions. 6. Prophylactic vaccinations of animals. 7. Handling of superficial ailments like wounds, abscesses, external/superficial hemorrhages, burns etc. 8. Washing of mouth, hooves, feet, udder etc. with antiseptic/medicated preparations in conditions like foot and mouth disease, mastitis, stomatitis etc. 9. Collection and dispatch of samples of blood, serum, urine, faeces, semen, milk and other specimens for laboratory examination. 10. Assisting in surveillance of infectious diseases, laboratory investigations, and other related technical works including outbreak control measures. 11. Collect, compile, maintain and report disease related data. 12. Provide first aid in cases of emergencies, namely: (i) Lightning stroke (ii) Sunstroke/frost bite (iii) Electric Shock (iv) Poisoning (v) Snake bite (vi) Drowning (vii) Prolapse of vagina/uterus (viii) Retention of placenta (ix) Dystokia (x) Dressing of naval cord in new born (xi) Simple fracture (xii) Docking in case of injury/infection (xiii) Indigestion (xiv) Anorexia (xv) Tympany/bloat (xvi) Horn Injuries (xvii) Wild animal attack (xviii) Natural calamities (xix) Accidents etc. (b) hereby permits a person holding diploma or certificate of Veterinary Supervisor, Stock man, Stock Assistant or Livestock inspector (by whatever name called) issued by the Directorate of Animal Husbandry of any State, or any Veterinary Institution in India to render the Minor Veterinary Services mentioned above under the supervision and direction of a registered Veterinary Practitioner.” 5. It has been further stated in the reply that pursuant to the complaint lodged by the petitioner dated 27.12.2012, the allegations levelled were looked into by way of a preliminary inquiry. On conclusion of the inquiry, it was found that the respondent No. 5 had, as such, not prescribed any medicines to the owners of any animals. It is only after examining the animals and after consulting the registered veterinary doctors, at the relevant time, that few medicines were prescribed. 6. Thus, from the above, it is clear that the allegations levelled by the petitioner against the respondent No. 5 that he is practicing as a veterinary doctor though not qualified does not appear to be correct.
It is only after examining the animals and after consulting the registered veterinary doctors, at the relevant time, that few medicines were prescribed. 6. Thus, from the above, it is clear that the allegations levelled by the petitioner against the respondent No. 5 that he is practicing as a veterinary doctor though not qualified does not appear to be correct. The State Government has made its stance very clear that under Section 30(b) of the Act, there are certain minor veterinary services which can be provided and on inquiry in that regard, it has been confirmed that the respondent No. 5 had rendered only the minor veterinary services, as prescribed in the two notifications. 7. In view of the above, we do not find any merit in this petition and consequently, the same is ordered to be rejected. No costs.