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2021 DIGILAW 2103 (RAJ)

Paras Bakshi v. Union of India

2021-11-11

PUSHPENDRA SINGH BHATI

body2021
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 Veterinary Council, Jaipur refused to grant recognition and registration of the Degrees on the ground that the admission was granted in spite of a public notice as well as communication by the Veterinary Council of India asking the respondent University to communicate with the College not to admit the students during the current Academic Session 2010-11. Meanwhile, the College too filed a writ petition being SB Civil Writ Petition No.8237/2012 (B.S. College of Veterinary Medicine V/s. Union of India) before this Court which came to be decided along with other similar writ petitions on 03.07.2013 by a detailed judgment. Meanwhile, the College too filed a writ petition being SB Civil Writ Petition No.8237/2012 (B.S. College of Veterinary Medicine V/s. Union of India) before this Court which came to be decided along with other similar writ petitions on 03.07.2013 by a detailed judgment. While disposing of the said writ petition, the learned Single Bench while dealing with the question of students held in para 34 as under: "34. There is yet another aspect of the matter. The Council has taken the decision not to grant approval to the petitioners' colleges for admitting the students during the Academic Session 2011- 12 and 2012-13, but the fact remains that the students already admitted during the previous academic session are pursuing their studies further for second, third and fourth year of the course in the petitioners' colleges. It cannot be disputed that those students had taken the admission in the first instance pursuant to the approval granted by the Council and they pursued their studies pursuant thereto. It is not the case of the respondents that on approval being refused during the subsequent academic session, the students pursuing the studies during the previous academic sessions have been shifted to any other veterinary institution or the college duly recognized. In this view of the matter, the matter with regard to the recognition of the veterinary qualification to be granted to such students, who are pursuing their studies after taking admission pursuant to the approval granted by the Council, has to be considered by the respondents objectively keeping in view that such students pursuing their studies as aforesaid, cannot be made to suffer for no fault on their part. " 8. With respect to the students who had already been admitted, it was directed that the matter with regard to the recognition of the veterinary qualification to be awarded by the respondent University to the students already admitted in the colleges run by the petitioners pursuant to the approval granted by the Council, shall be considered by the Council/Central Government objectively, keeping in view the future of the students pursuing the course and shall ensure that they are not made to suffer for no fault on their part. 9. After the completion of their course and the issuance of the Degrees, the petitioners made various representations but when nothing was done, the students left in the lurch have filed the present writ petitions. 10. 9. After the completion of their course and the issuance of the Degrees, the petitioners made various representations but when nothing was done, the students left in the lurch have filed the present writ petitions. 10. Meanwhile, Apollo College of Veterinary Medicine filed SLP being Civil Appeal No.6842/2014 (Apollo College of Veterinary Medicine Vs. Rajasthan State Veterinary Council & Ors.) was decided on 25.07.2014 by the Supreme Court. The Apex Court came to the rescue of such students who had completed their Degrees from Apollo College of Veterinary Medicine which was not recognized by the VCI and while setting aside the order of the Division Bench of the Rajasthan High Court held that a Degree which has been obtained from a University which is mentioned in First Schedule of the Indian Veterinary Council Act, 1984 cannot be treated to invalid. While allowing the appeal, it was held in para 44 to 47 as under: "44. For deciding the second question, it is desirable to advert to the facts of the present case. Both Apollo College and Mahatma Gandhi College were permitted to be opened by the State of Rajasthan and were affiliated with the University recognized by the Veterinary Council of India. The Inspection Committee of Veterinary Council of India inspected the Apollo College from time to time and by inspection report, 2003, the Committee recommended for admission of students subject to removal of certain deficiency of building, as the College was opened in a rented building. The Central Government by letter dated 26th September, 2003 informed the Agricultural University to request the Apollo College to fulfill the minimum requirements. Though the public notice was issued by Veterinary Council of India on 12th May, 2005 and 20th May, 2005 in newspapers informing that the B.V. Sc. & A.H. qualification of the students of the Apollo College was not a recognized Veterinary qualification, by letter dated 22nd November, 2005, the Veterinary Council of India granted no objection to admit students in the Apollo College. Subsequently, Apollo College was inspected by the Inspectors of the Veterinary Council of India on 22nd and 24th January, 2007 who submitted report and informed that the Apollo College was following the norms and conditions required by the Veterinary Council of India. Subsequently, Apollo College was inspected by the Inspectors of the Veterinary Council of India on 22nd and 24th January, 2007 who submitted report and informed that the Apollo College was following the norms and conditions required by the Veterinary Council of India. Thereafter, pursuant to a meeting between the representatives of Agricultural University and Veterinary Council of India held on 2nd February, 2008 it was decided by Veterinary Council of India on 10th March, 2008 to grant provisional recognition of B.V. Sc. & A.H. degree in respect of 1st batch of students of the Apollo College. With regard to 2nd batch of students the Veterinary Council of India on 27th February, 2009 requested the Central Government to take necessary action to recognize the qualification of the 2nd batch of students of Apollo College admitted in the year 2004. Similar letter was issued in respect to 3rd batch of students who were admitted in the month of December, 2004. The Veterinary Council of India on 24th July, 2009 also informed the Agricultural University that the Apollo College could admit the students for the Academic Session 2009-2010. In view of such recognition granted by the Veterinary Council of India and permission granted to admit students for the academic session 2009-2010 the students were admitted in the Apollo College. 45. It is not in dispute that the students were admitted in the Apollo College pursuant to open entrance test of Rajasthan pre-medical/Rajasthan pre-Veterinary (RPM/RPV). They completed their course and have successfully cleared B.V.Sc. & A.H. examination. The students who have already passed out from the Apollo College are the holders of the basic degree of B.V.Sc. & A.H. granted by the Rajasthan Agricultural University, which is recognized qualification entered in the First Schedule of the Indian Veterinary Council Act, 1984. It is also not in dispute that many of such students who have already passed out are in Government service or in private service. The sole ground on which the students of the Apollo College who have passed out B.V.Sc. & A.H. degree examination are treated differently is that the Central Government has not notified the Apollo College and, thereby the College is not included in the First Schedule to the Indian Veterinary Council Act, 1984. Swami Keshwanand Rajasthan Agricultural University, Bikaner is duly established university by statute and it is fully competent to conduct examinations and award B.V.Sc. &A.H. degree. Swami Keshwanand Rajasthan Agricultural University, Bikaner is duly established university by statute and it is fully competent to conduct examinations and award B.V.Sc. &A.H. degree. The degree of B.V.Sc. & A.H. granted by the university is included in the First Schedule to the Indian Veterinary Council Act, 1984 as a degree fully recognized by the Veterinary Council of India which is the paramount professional body set up by statute with authority to recognize the medical veterinary qualifications granted by any University. 46. The Division Bench of the High Court, in our opinion, was manifestly in error in holding that since B.V.Sc. & A.H. degree possessed by the students was not one obtained from a recognized College it could not be treated as a valid qualification for the purpose of registration under the Veterinary Council of India (Registration) Regulations, 1992 and for other purpose. 47. Similar is the position with regard to students of Mahatma Gandhi College. In fact favourable reports were given, by the Inspection Committee all time did Veterinary Council of India allowed the College to admit students and recommended the Central Government to amend the First Schedule by entering the name of the College. It is only when the students who have passed out from College moved before the High Court for direction to the Central Government to issue appropriate notification including the Mahatma Gandhi college, in the First Schedule, the Veterinary Council withdrew the recommendation. What we observed with regard to students who have passed out from Apollo College is equally applicable to the students who have passed out from the Mahatma Gandhi College." 11. Learned counsel for the respondent VCI while vehemently opposing the writ petition submitted that the matter in hand is different and cannot be said to be covered with the judgment rendered by the Apex Court in the case of Apollo College of Veterinary Medicine (supra). While distinguishing the writ petition on facts, learned counsel for VCI contended that the students before the Apex Court were those who had already completed their course in the year 2010, whereas, the present petitioners took admission in the year 2010. Further, the VCI had granted permission for admission of the students, in their cases, whereas, no such permission was granted by the VCI in the case in hand. Further, the VCI had granted permission for admission of the students, in their cases, whereas, no such permission was granted by the VCI in the case in hand. However, the said argument cannot be sustained in view of the following : a) It is evident from the order and judgment dated 03.07.2013 passed in SB Civil Writ Petition No.6690/2012, wherein the petitioner - Institute Sriganganagar Veterinary College was also one of the petitioners, that the petitioner Institute was permitted to admit the students during the Academic Year 2010-11, although, the same were made subject to the fulfillment of minimum requirements laid down particularly in terms of the Academic Calender. b) It is further evident that the College was restrained from making admissions for the Academic Sessions 2011-12 but no such direction appears to be given qua Academic Session 2010-11. In fact, it is evident from para 8 of the said judgment that the petitioner Institute was permitted subsequently to admit the students in the College for Academic Sessions 2011-12 as well. A reading of para 12 and 13 of the said judgment shows that the affiliation granted to the petitioner Institute was further extended for the Academic Sessions 2012-13 as well. Para 12 and 13 of the judgment rendered in the case of B.S. College of Veterinary Medicine (supra) reads : 12. At this stage, the petitioner preferred a writ petition being No.7953/12 before this court, wherein while issuing the notices to the respondents, an interim order was passed in favour of the petitioner in the following terms: "In the meantime, the order dated 12.7.2011 (Annex. 14) shall remain stayed upto 10.10.2011. The respondent university shall, while carrying out counseling may include the petitioner college for the purpose of allotment of the candidates. " 13. The affiliation granted to the petitioner by the University was further extended for the Academic Session 2012-13 vide order dated 15.6.12 subject to the condition that the Institute shall fulfill Council's norms within the stipulated time and no students shall be admitted without prior permission of the Government of India/Council and the University. (c) Thus, the students took admission in 2010 at the first instance in 2010 pursuant to the approval granted for the Academic Session 2010-11. They were admitted in pursuant to an open entrance test. They have completed their course and successfully cleared BV Sc. (c) Thus, the students took admission in 2010 at the first instance in 2010 pursuant to the approval granted for the Academic Session 2010-11. They were admitted in pursuant to an open entrance test. They have completed their course and successfully cleared BV Sc. & A.H. examination after paying a hefty fee for the entire course. The Final Degrees too have been awarded to them. They have completed the Course from a College which is affiliated to the Rajasthan University of Veterinary and Animal Science, Bikaner and the said University is included in the First Schedule to the Indian Council of India which is the paramount professional body set up by statute. (d) The Apex Court in the case of Apollo College of Veterinary Medicine (supra) held in para 44 as reproduced above that a Degree obtained from a college which is affiliated to a University which is included in the First Schedule to the Indian Veterinary Council Act, 1984 cannot be held to be an invalid Degree for the purpose of Registration under the Veterinary Council of India Registration Regulations, 1992. In fact, number of similar appeals were also allowed by the Supreme Court. One such order passed in Writ Petition (Civil) No. 815/2016 is reproduced as under: "Having heard learned counsel for the parties, we are of the considered opinion that it is a fit case where the petitioner should be granted certificate of registration by the VCI. Needless to say, we have passed this order, regard being had to the special features of the case. We may clarify, the college should not reap any benefit out of this order. Liberty is granted to the VCI to proceed against the office bearers of the College." 12. From the above, it is clear that the ratio of the judgment rendered by the Apex Court in the case of Apollo College of Veterinary Medicine (supra) is fully applicable to the case in hand. 13. Accordingly, all the above writ petitions are allowed and the respondent VCI is directed to register the Degrees of the petitioners awarded by the respondent University affiliated to the respondent No.3 under the VCI (Registration Regulation) Act, 1982. It is clarified that the College shall not be entitled to get any benefit out of this order." 14. The present writ petition too is allowed in the same terms.