Supreme Court clarifies recognition of Veterinary Colleges under the Indian Veterinary Council Act, 1984

Introduction

Date of the Judgment: July 25, 2014. Citation: (2014) INSC 520. Judges: R.M. Lodha, CJI and Sudhansu Jyoti Mukhopadhaya, J. This judgment addresses a critical question: Can a veterinary college operate without explicit recognition from the Central Government? The Supreme Court of India, in this case, examined the necessity of Central Government recognition for veterinary colleges. This ruling impacts the validity of degrees and the registration of veterinary practitioners. The bench consisted of Chief Justice R.M. Lodha and Justice Sudhansu Jyoti Mukhopadhaya, with the judgment authored by Justice Mukhopadhaya.

Case Background

Apollo College of Veterinary Medicine and Mahatma Gandhi College, both private institutions in Rajasthan, offered Bachelor of Veterinary Science and Animal Husbandry (B.V.Sc. & A.H.) courses. These colleges were permitted to open by the Rajasthan State Government, contingent on recognition from the Veterinary Council of India (VCI). The courses were affiliated with Rajasthan Agricultural University. Students from these colleges passed the B.V.Sc. & A.H. exams, and many registered with the Rajasthan State Veterinary Council, becoming practicing doctors.

Initially, the VCI recommended recognizing these colleges and their degrees. However, the Central Government later refused recognition to Apollo College on February 20, 2010. The VCI then directed the Rajasthan State Veterinary Council to remove the names of doctors from their register. Similar orders were issued for Mahatma Gandhi College. Students and alumni challenged these decisions in the High Court, which upheld the government’s stance, leading to the appeals before the Supreme Court.

Timeline

Legal Framework

The Indian Veterinary Council Act, 1984, aims to regulate veterinary practice. Section 2(e) defines “recognized veterinary qualifications” as those in the First or Second Schedule of the Act. Section 2(j) defines “veterinary institution” as any university or institution granting veterinary degrees. The Act mandates that veterinary qualifications from institutions in the First Schedule are recognized. Other institutions must apply to the Central Government for recognition under Section 15(2) of the Act. The Central Government, after consulting the Veterinary Council of India, can amend the First Schedule to include such qualifications.

Section 15 of the Indian Veterinary Council Act, 1984, states:
“15. Recognition of veterinary qualifications granted by veterinary institutions in India.- (1) The veterinary qualifications granted by any veterinary institution in India which are included in the First Schedule shall be recognised 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 qualification recognised 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 recognised veterinary qualification only when granted after a specified date.”

The Veterinary Council of India (Minimum Standards of Veterinary Education) Regulations, 2008, defines a “Veterinary College” as an institution imparting veterinary education for a B.V.Sc. & A.H. degree. The Veterinary Council of India (Registration) Regulations, 1992, defines a “recognized veterinary college” as one affiliated with a university and recognized by the VCI. Section 19 of the Indian Veterinary Council Act, 1984, allows the VCI to inspect institutions and colleges for recommending recognition to the Central Government. Section 21 of the Act allows the Central Government to withdraw recognition if standards are not met.

Section 21 of the Indian Veterinary Council Act, 1984, states:
“21. Withdrawal of recognition.- (1) When upon report by the Committee or the visitor, it appears to the Council—
(a) that the courses of study and examinations to be undergone in, or the proficiency required from candidates at any examination held by, any veterinary institution, are not in conformity with the regulations made under this Act or fall short of the standards required thereby, or
(b) that the staff, equipment, accommodation, training and other facilities for instruction and training provided in such veterinary institution or in any college or other institution affiliated to it do not conform to the standards prescribed by the Council. the Council shall make a representation to that effect to the Central Government.
(2) After considering such representation, the Central Government may send it to the State Government of the State in which the veterinary institution is situated and the State Government shall forward it along with such remarks as it may choose to make to the veterinary institution, with an intimation of the period within which that institution may submit its explanation to the State Government.
(3) On receipt of the explanation or, where no explanation is submitted within the period fixed, then on the expiry of that period, the State Government shall make its recommendation to the Central Government.
(4) The Central Government, after making such inquiry, if any, as it may deem fit, may, by notification in the Official Gazette, direct that an entry shall be made in the appropriate Schedule against the said veterinary qualification declaring that it shall be a recognised veterinary qualification only when granted before a specified date or that the said veterinary qualification if granted to students of a specified college or institution affiliated to any veterinary institution shall be a recognised veterinary qualification only when granted before a specified date or, as the case may be, that the said veterinary qualification shall be a recognised veterinary qualification in relation to a specified college or institution affiliated to any veterinary institution only when granted after a specified date:
Provided that before issuing such notification the Central Government may consult the Indian Council of Agricultural Research. “

Arguments

Appellants’ Arguments:

• The Central Government has no authority in recognizing veterinary colleges or institutions in a State.
• Section 21(4) of the Indian Veterinary Council Act, 1984, does not discuss de-recognition or recognition of degrees concerning a college. Once a university’s degree is recognized, there is no need to recognize the college.
• The control of the Central Government or Council differs across systems. The Medical Council of India’s control over medical colleges differs from the Veterinary Council of India’s control over veterinary colleges.

Respondents’ Arguments:

• Section 21(4) of the Indian Veterinary Council Act, 1984, empowers the Central Government to recognize or de-recognize a degree awarded by a college.
• It is mandatory for a college offering B.V.Sc. & A.H. courses to be recognized by the Central Government under the First Schedule of the Indian Veterinary Council Act, 1984. Students from unrecognized colleges cannot register with the State Veterinary Council.

The appellants argued that the Central Government’s role is limited to recognizing the degrees granted by the university and not the colleges themselves. They contended that once the university’s degree is recognized, the college through which the degree is awarded does not need separate recognition. The respondents, however, maintained that both the degree and the college must be recognized by the Central Government for the qualification to be valid. They emphasized that without the college being listed in the First Schedule of the Act, the degrees awarded through it would not be recognized.

The Solicitor General of India argued that Section 21(4) empowers the Central Government to specify that a veterinary qualification is recognized only when granted by a specific college. This implies that the Central Government has the authority to recognize or not recognize a college for the purpose of the degree.

Submissions of Parties

Issues Framed by the Supreme Court

The Supreme Court framed the following issues for consideration:

1. Whether it is mandatory for a ‘Veterinary college’ imparting teaching of B.V.Sc. & A.H. Course to get recognized by the Central Government under First Schedule to the Indian Veterinary Council Act, 1984.
2. What should be a possible legal solution in the case of students who have already passed out from the colleges in not clear question.

Treatment of the Issue by the Court

Authorities

The Supreme Court considered the following authorities:

• Indian Veterinary Council Act, 1984:
  • Section 2(e): Defines “recognized veterinary qualifications.”
  • Section 2(j): Defines “veterinary institution.”
  • Section 2(n): Defines “Veterinary College” in “The Veterinary Council of India-Minimum Standards of Veterinary Education-Degree Course (B.V.Sc. & A.H.) Regulations, 2008”.
  • Section 15: Deals with recognition of veterinary qualifications granted by institutions in India.
  • Section 19: Deals with inspection of veterinary institutions and examinations.
  • Section 21: Deals with withdrawal of recognition.
• The Veterinary Council of India (Registration) Regulations, 1992:
  • Section 2(c): Defines “recognized veterinary college.”
• Indian Medical Council Act, 1956:
  • Section 11: Deals with recognition of medical qualifications granted by universities or medical institutions in India.
  • Section 19: Deals with withdrawal of recognition.

Authorities Considered by the Court

Judgment

Treatment of Submissions

Treatment of Authorities

What weighed in the mind of the Court?

The Supreme Court’s decision was influenced by several factors. The Court emphasized the importance of maintaining standards in veterinary education and ensuring that only qualified professionals practice. The court also considered the plight of the students who had completed their courses and were facing uncertainty due to the lack of recognition of their colleges. The Court balanced the need for regulatory compliance with the need to protect the interests of the students. The court also took into account the fact that the Veterinary Council of India had initially recommended recognition for the colleges and had allowed them to admit students, which created a legitimate expectation among the students.

The Court also noted that the degrees were granted by a recognized university, and the students had successfully completed their courses and examinations. The Court was concerned that denying recognition to the students would be unjust, especially considering that many had already started practicing as veterinary doctors. The Court also considered that the colleges had been inspected by the VCI and were found to be following the norms and conditions required by the VCI. The Court also took into account the subsequent developments, including the re-inspection of the colleges and the recommendations for recognition by the VCI.

Sentiment Analysis Ranking

Fact:Law Ratio

Logical Reasoning

Key Takeaways

• Mandatory Recognition: Veterinary colleges must be recognized by the Central Government under the First Schedule of the Indian Veterinary Council Act, 1984.
• Impact on Degrees: Degrees awarded by unrecognized colleges are not valid for registration with the State Veterinary Council.
• Protection of Students: The Supreme Court provided a solution for students who had already passed out from unrecognized colleges by directing the Central Government to include the colleges in the First Schedule for a specific period.
• Future Admissions: The Court directed the Central Government to take a fresh report from VCI for current students and pass appropriate orders. If recognition is not possible, VCI must transfer students to other recognized colleges.

Directions

The Supreme Court directed the Central Government to:

• Amend the First Schedule of the Indian Veterinary Council Act, 1984, to include Apollo College and Mahatma Gandhi College for the purpose of recognizing B.V.Sc. & A.H. degrees for students who passed out from these colleges before a specified date.
• Obtain a fresh report from the Veterinary Council of India regarding the current students of these colleges and pass appropriate orders based on the report.
• If recognition is not possible for current students, the Veterinary Council of India must transfer these students to other recognized colleges.