VETERINARY PRACTITIONERS ASSOCIATION Vs. UNION OF INDIA

JUDGEMENT

(1.) THE petitioner, a registered Association under the Trade Unions Act, 1926 and representing the Veterinary Practitioners in the State of Maharashtra has approached us under Article 226 of the Constitution and prayed for (a) the declaration that the non-graduate Veterinary Practitioners who are registered under the Maharashtra Veterinary Practitioners Act, 1971 (for short to be referred as "the State Veterinary Act") are eligible to practice veterinary medicine in the same manner and on such conditions as they were prior to coming into force of the Indian Veterinary Councils Act, 1984 ("Central Veterinary Act" for short) in the State of Maharashtra; (b) to declare that non-graduate Veterinary Practitioners who are eligible to be registered under the State Veterinary Act will be permitted to practice veterinary medicine in the same manner and on such conditions as they were prior to the coming into force of the Central Veterinary Act in the State of Maharashtra; and (c) for directions to renew the registration of non-graduate Veterinary Practitioners in the register maintained by the State Council under the State Veterinary Act till the coming into force of the Central Veterinary Act. At the outset we must note that this petition was moved before us on 12th September 1997 and in the affidavit-in-reply filed by the Under Secretary to the Government of Maharashtra, Agriculture, Animal Husbandry, Dairy and Fisheries Development Department, it has been pointed out that the Central Government published a notification in the Official Gazette and appointed the 1st day of August 1997 as the date on which the Central Veterinary Act shall come into force in the State of Maharashtra and accordingly the State Veterinary Act of 1971 came to be repealed from that date. Under these circumstances prayer (c) above does not survive.

(2.) THE petitioner Association claims that it represents about 6000 Veterinary Practitioners in the State of Maharashtra and it is also affiliated to the Veterinary Services Federation of India, an apex body functioning at the national level. As per the petitioner there are about 5283 persons holding a degree in Veterinary and Animal Husbandry Science, 319 persons holding in service Diploma, Veterinary and Animal Husbandry Science registered under Part I of Section 18 of the State Veterinary Act. In addition there are 3841 persons holding the qualifications of Livestock Supervisors' Training Course and Diploma in Dairy Farm and Animal Husbandry registered under Part II of Section 18 of the State Veterinary Act. Section 30 of the Central Veterinary Act states that no person, other than a registered Veterinary Practitioner shall:

(3.) THE petitioner-Association states that if the Central Veterinary Act is followed strictly for granting registration to veterinary practitioners, the veterinary and animal husbandry interest all over the State of Maharashtra will be adversely affected more so because the number of such qualified practitioners is far less than the demand for them all over the State. This submission has been dealt with in the affidavit-in-reply filed by the State Government. It has been pointed out that as at present there are five veterinary colleges and one post graduate veterinary college in the State of Maharashtra. We are also informed that there is a Veterinary University at Nagpur. Every year around 250 veterinary graduates come out from these colleges and about 2000 to 2500 veterinary graduates are engaged in private practice. It has been pointed out that as per the reports published by the Government of Maharashtra one qualified veterinary practitioner is available at 5 Kms. distance on an average in the State of Maharashtra.