Deciding Authority : Supreme Court
Date of Judgement: 06/01/2000
Bench: D.P.Wadhwal, S.Rajendra Babu
Facts : The Veterinary Council of India (hereinafter “VCI”) has been established under Section 3 of the Indian Veterinary Council Act, 1984 (hereinafter “VC Act”) for regulation of veterinary practice and for matters connected therewith or ancillary thereto under Section 22 of the Act. It is empowered to specify, by regulation, the minimum standards of veterinary education for granting recognised degrees/diplomas in veterinary science by various institutions affiliated to or as a part of the State Agricultural Universities. The Act has been enacted by invoking Article 252 of the Constitution since the subject matter of the Act falls in the State List (Entry 15 of List II of the Seventh Schedule of the Constitution) and the Concurrent List (Entry 25 of List III of the Seventh Schedule), the Parliament was authorised to pass the requisite legislation by the Legislatures of the States of Haryana, Bihar, Orissa, Himachal Pradesh and Rajasthan through resolutions passed by the Legislatures of these States.The Parliament, therefore, enacted the V.C. Act in 1984. The Indian Council of Agricultural Research (hereinafter “ICAR”) is a Society, registered under the Societies Registration Act,1860, whose affairs are controlled by the Central Government in the Ministry of Agriculture, Department of Agricultural Research and Education (hereinafter “DARE”) in view of Schedule-II, Entry B, Part-III, Item 12 of the Government of India (Allocation of Business Rules), 1961 framed under Article 77(3) of the Constitution of India.
The main object of ICAR is :
“(a) To undertake, aid, promote and co-ordinate agricultural and animal husbandry education, research and its application in practice development and marketing in India and its protectorates and any other areas in or in relation to which the Government of India has and exercises any jurisdiction by treaty, agreement, grant, usage, sufferance or other lawful means by all means calculated to increase secure its adoption in every day practice.”
In exercise of the powers conferred by Section 22 of the Act and with the previous approval of the Central Government, the VCI framed certain regulations relating to minimum standards of veterinary education, which had earlier been discussed in a National Workshop jointly sponsored by the ICAR and the Tamil Nadu Veterinary and Animal Sciences University on 6th and 7th of February,1993 at Madras on “Veterinary Education”. It was resolved in that Workshop that an All India Common Test be conducted by the VCI. Regulations, called the Indian Veterinary Council of India (Minimum Standards of Veterinary Education) Degree courses (B.V.Sc and AH) Regulations, 1993 (hereinafter “the Regulations”) were thereafter framed under Section 22 of the Act and published in the Government Gazette on 7th of February,1994. Clause (8) of regulation 5 of the
Regulation (which is the bone of contention between the VCI and ICAR) reads thus : “(8) 15% of the total number of seats of each Veterinary College shall be reserved to be filled on All India basis through Common Entrance Examination to be conducted by the Veterinary Council of India.”
Pursuant to the aforesaid regulation,the VCI conducted an All India Common Entrance Examination for the academic year 1995- 96 for allotments of students to various Veterinary Colleges and faculties of the State Agricultural Universities on 28th May, 1995 against the 15% quota. For the academic year 1996-97, the VCI also published an admission notice on 25th November, 1995 inviting applications for appearing at the All India Entrance Examination to fill 15% seats in exercise of the powers conferred by sub-section (1) of Section 21 of the Act read with clause (8) of regulation 5 of the Regulations.The examination was held on 26th of May,1996 and results declared. It appears that an advertisement came to be issued, on behalf of the ICAR, in the Employment News Bulletin dated 28th March,1996, stating that the ICAR will conduct an All India Common Entrance Examination for filling up 15% of the seats in the State Agricultural Universities in each one of the faculties listed in the said advertisement on 8th of June, 1996. Faculty of Veterinary Science was included in the said list. On 22nd of April, 1996, the VCI filed a Suit (Civil Suit No.1047 of 1996) on the original side of the High Court of Delhi, seeking a declaration and permanent preventive injunction against ICAR. A prayer for ad interim injunction war also made. By an order dated 5.6.1996, a learned Single Judge of the High Court granted an interim injunction in favour of VCI and restrained the ICAR from conducting the All India Common Entrance Examination for filling up of 15% of the seats in the Veterinary Colleges in the States to which the VC Act applies. ICAR filed an appeal against the aforesaid interim injunction [FAO(OS) 231 of 1996] on 6th of June, 1996. The ICAR also filed a Writ Petition (CW No.2334 of 1996) on 6th of June,1996 seeking the relief of “declaring/quashing Regulation 5(8) of the Regulations “as illegal/invalid/ab-initio-void” and as such ultra vires to the Constitution.
Judgement : Determining comparative merit of the candidates so that admissions are granted to students who qualify at the All India Entrance Examination to the various institutions and faculties, on merits. The impugned regulation,therefore, did not suffer from any vice whatsoever. It has been framed to further the object of the Act. It could not have been declared ultra vires the Act or otherwise invalid on any other ground. In view of the judgment of the Constitution Bench in Dr. Preeti Srivastava and another Vs. State of M.P. and others, (1999) 7 SCC 120, it is no longer possible to argue that norms for admission come into picture only after admissions are made and have no connection with “standards of education”.On the contrary, regulation of admissions has a direct impact on the maintenance of standards of education and in exercise of its power to prescribe and maintain standards of education, the VCI has the right as well as an obligation to regulate admissions to the veterinary institutions against the 15% All India quota by framing appropriate regulations. The Constitution Bench in Dr. Preeti Srivastava’s case (supra), expressly disagreed with the views earlier expressed in Nivedita Jains and Ajay Kumar Singhs case in this regard. Thus, in view of the law laid down by the Constitution Bench in Dr. Preeti Srivastavas case (supra), it must be held that since the power to regulate the standards of education in veterinary science prescribed by the Council is vested in VCI under the VC Act, the corresponding duty to conduct an All India Entrance Examination for filling up of 15% of seats,on merits, of All India Quota, must also vest in it.
Held : Appeal Allowed
Tejasv Anand , IV th Year , AMITY LAW SCHOOL, DELHI .
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