HANIF Vs. STATE OF U P

JUDGEMENT

(1.) We have heard learned counsel for the petitioners, learned standing counsel for the State and have perused the record.

(2.) In the instant writ petition, the petitioners have prayed for quashing the Government Order dated 1.4.2000 being Annexure-2 to the writ petition and the consequential order dated 5.5.2000 being Annexure-3 issued by Mukhya Pashu Chikitsa Adhikari, Jyotiba Phule Nagar. The petitioners have also prayed for a writ of mandamus directing the State of U. P. and Mukhya Pashu Chikitsa Adhikari, Jyotiba Phule Nagar, not to restrain the Pashu Chikitsa Adhikari from conducting the health examination lest or from issuing certificates of fitness for slaughter in respect of animals which are eligible for slaughter in accordance with the Act and the rules framed thereunder. The petitioners have further made a prayer for directing the Pashu Chikitsa Adhikari. Jyotiba Phule Nagar, to issue certificates in Form B when applications are made to him in respect of animals which are eligible for slaughter in accordance with the Act and rules framed thereunder.

(3.) The contention of the petitioners is that they are licensees of Nagar Panchayat. Ujharl and have thus been authorised to slaughter and sell the meat of non-prohibited animals such as buffaloes and old bulls and bullocks over 15 years in age or unfit for the purpose of breeding (in the case of bull) or unfit for draught (in the case of bullocks) which have been certified fit for slaughter by the competent authority who is appointed under Section 2 (cc) of the U. P. Prevention of Cow Slaughter Act. 1955. Under Notification dated 1.9.1962 (Published in U. P. Gazette Part-I. Page 3405), the Veterinary Officer who has later been designated as Pashu Chikitsa Adhikari has been empowered to exercise the powers and functions of the competent authority under the aforesaid Act and the rules made thereunder for the district in which the said Officer was posted as a Veterinary Officer. By a letter dated 1.4.2000 being No. 852/12-P-1-2000 issued by Secretary. U. P. Government, addressed to Director. Animal Husbandry Department, it has been pointed out that the slaughter houses in the State are presently being managed by local bodies and Zila Panchayats. However, in rural and urban areas, work of issuing health certificates, etc. after conducting the health examination of the animals in the slaughter houses is being carried out by Veterinary Officer of the Animal Husbandry Department. This work is being done by the Veterinary Officer in addition to his normal work in Veterinary Hospital. The working hours of the Veterinary Hospitals in winter are from 8 a.m. to 2 p.m. and in summer from 7.30 a.m. to 1 p.m. The said letter points out that as a result the Veterinary Officers performing such duties are unable to give sufficient time for their basic duties and responsibility of treating animals and this causes dislocation in performance of their work. Accordingly, the Government after a detailed consideration has taken a decision that the Veterinary Officers of the Animal Husbandry Department shall cease to function as health examiner in the slaughter houses and the Municipal Corporation/Local Bodies shall themselves be responsible for the said work relating to examination of the animals to be slaughtered and they will make alternative arrangement for this work in place of Veterinary Officer belonging to the Animal Husbandry Department. It has also been mentioned in the said letter that in future the Veterinary Officers of the Animal Husbandry Department shall not do the work of health examination, etc. of the animals in the slaughter houses in the rural and urban areas nor they will issue health certificates in that connection. The contention of Mr. Amar Saran for the writ petitioners is that proposals mentioned in the letter, if given effect to. will amount to complete ban of issuance of certificate and there will be no competent officer available to perform the work under the Act.