PARA MEDICAL COUNCIL Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE 1st petitioner is a registered Society called 'Para Medical Council' and the petitioners 2 to 11 are reported to be 'Medical Institutes' owing "affiliation" to the 1st petitioner. The petitioners claim to be training centres imparting education in Para Medical Sciences. They were served with notices from the Director, Research and Medical Education, Punjab, and still later from the Director, Animal Husbandry, Department of Punjab, making enquiries of the 1st petitioner's credentials as an institution to impart such education. They had secured particularly information on certain types of advertisements which were being released by some of the educational institutes that seemed to make it appear as though that certain courses that are offered through these institutes are recognized by the Government and that they offered scope for employment in Government jobs. What seemed like a wide area of education in para medical courses seemed later to be confined to a course leading to a qualification as "Veterinary Pharmacist". The Government of Punjab cautioned that these institutes were cheating people and when the communication amongst the departments of the Punjab Government seemed to head in the way of taking precipitate actions against the 1st petitioner and other institutes run with their affiliation, all the petitioners have joined together to file this writ petition.

(2.) THE counsel for the petitioners would contend that there is no particular enactment that regulates education in Para Medical Sciences and, therefore, there cannot be any restraint by any action of the State that would offend the fundamental freedom to carry on any trade or business. The learned counsel for the petitioners refers to decisions of the Hon'ble Supreme Court that uphold the fundamental right to carry on any profession or trade free of any obstruction by the State. The learned counsel refers to several decisions that hold that fundamental freedoms cannot be violated except through reasonable restrictions brought through law. I am not allowing myself to be detained by such references, since I am examining the case from the point of view of how such a regulation exists in the field where the petitioners are engaged.

(3.) THESE interim directions had been subject of challenge in LPA No.1386 of 2010 before the Division Bench of this Court. The orders had been initially stayed, but however, they were dismissed on 11.02.2011. The Director, Animal Husbandry, Punjab, has filed additional affidavit to explain the stand of the Government in the interim directions. He has referred to Section 2(e) of the Indian Veterinary Council Act of 1984, that defines "recognized veterinary qualification" to mean, "any of the veterinary qualification included in the First Schedule or the Second Schedule." Section 2(j) of the above Act defines "Veterinary Institution" means "any University or other Institution within or without India which grants degrees, diplomas of licences in veterinary sciences and animal husbandry." According to him, all kinds of degrees, diplomas or licences in veterinary sciences and animal husbandry fall under the purview of the Indian Veterinary Council Act, of 1984. This is stated in the context of all the petitioners contending that in the Field of Para Medical Sciences, they are holding diploma/certified courses for Veterinary Pharmacist. The only qualification that could be recognized under Section 15 of the Act shall be courses through institutes, included in the First Schedule, The Act also stipulates the manner in which any 'veterinary institution' could apply to the Central Government to have such qualifications recognized. The Central Government has also the power to amend the First Schedule after consulting with the Veterinary Council. Section 15 of the Act, 1984, that details the "15(1) The veterinary qualifications granted by any veterinary institution in India which are included in the First Schedule shall be recognized veterinary qualifications for the purposes of this Act. (2) Any veterinary institution in India which grants a veterinary qualification not included in the First Schedule may apply to the Central Government to have such qualifications recognized and the Central Government, after consulting the Council, may, by notification in the Official Gazette, amend the First Schedule so as to include such qualification therein and any such notification may also direct that an entry shall be made in the last column of the First Schedule against such veterinary qualification declaring that it shall be a recognized veterinary qualification only when granted after a specified date."