ANOPSINH ARJANJI CHAVDA Vs. STATE OF GUJARAT

JUDGEMENT

(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 authorized 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 authorized 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 affidavitinreply 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: