VETERINARY COUNCIL OF INDIA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) These writ petitions have been filed by the petitioners for quashing of the communication dated 21-9-1995 (Annexure-P) of the respondent-University of Agricultural Sciences, Bangalore under which it has been communicated to the first petitioner that the nine candidates nominated by it for admission to B.V.Sc. and A.H. Degrees cannot be admitted; as also for a writ of mandamus directing the second and third respondents to comply with the provisions of the Indian Veterinary Council Act (in short, 'the Central Act') and the Regulations made thereunder with special reference to take on rolls the nominees sent by the first petitioner.

(2.) The Veterinary Council of India (in short, 'the Council')which has been established under Section 3 of the Central Act is the first petitioner herein. The second petitioner is one of the candidates who has been recommended for admission to the course in the College of the respondent-University as per the letter on the Council at Annexure-K.

(3.) Since in the present case the petitioner-Council is claiminga statutory right of regulating admissions to the extent of 15% of the intake capacity of the Veterinary College of the respondent-University pursuant to the provisions of the Central Act and a corresponding duty on the part of the said University to abide by the said directions, it is necessary to examine the relevant statutory provisions in this regard. As is evident from the Preamble of the Central Act it has been enacted by the Parliament to regulate the veterinary practice and to provide for the establishment of Veterinary Council of India and State Veterinary Councils and maintaining all registers of the veterinary practitioners and for the matters connected therewith. The provisions of the Central Act covers two legislative fields as enumerated under Entry 15 of List II and Entry 25 of List III of Seventh Schedule to the Constitution of India. The said legislative entries are to the following effect;