Time and again, our judiciary has dwelled on the importance of Government acting as an efficient and responsible litigant given that it is the biggest litigator in the country. This is also the mandate of the National Litigation Policy adopted in 2010. Yet, governmental agencies continue with their lackadaisical ways, ignoring even express directions issued by the country’s highest court.

Another such instance came to light recently in a Delhi High Court writ petition filed by Lex Victa on behalf of freshly passed out veterinary and animal husbandry graduates. The students, who had graduated from various private veterinary colleges in Rajasthan, wanted to join post graduate courses and were declared successful in the 20thAll India Entrance Examination conducted by Indian Council of Agricultural Research (“ICAR”). However, they were surprised when they received their counselling letters from ICAR which contained the unprecedented stipulation that in order to be considered for counselling for the post graduate course, the students must also furnish their certificate of registration issued by the Indian Veterinary Council (“IVC”). The students weren’t eligible for registration since their colleges weren’t recognised by IVC in spite of the fact that they were allowed to admit students and were granted affiliation by Rajasthan University of Veterinary and Animal Sciences (“University”) on the basis of IVC’s own recommendation

IVC’s flip flop had affected students from seven colleges: (1) Apollo College of Veterinary Medicine, Jaipur, (2) Mahatma Gandhi Veterinary College, Bharatpur, (3) Arawali Veterinary College, Sikar, (4) BS College of Veterinary Medicine and Research Centre Jhunjhunu, Rajasthan, (5) Sriganganagar Veterinary College, Sriganganagar, (6) MJF College of Veterinary and Animal Sciences, Chomu, Jaipur and (7) MB Veterinary College, Dungarpur, Rajasthan. IVC’s teams had inspected these newly started colleges at different times and originally given favourable reports based on which, the University allowed them to admit students and also granted them affiliation which was extended from year to year. However, it seems IVC wasn’t satisfied during subsequent inspections and refused to recognise the colleges or to recommend their courses to Central Govt. for issue of notification under the Indian Veterinary Council Act, 1984.

In doing so, IVC and Central Govt. completely ignored the directions given by the Hon’ble Supreme Court on 25th July, 2014 in the matter Apollo College of Veterinary Medicine Versus Rajasthan State Veterinary Council & Ors., arising out of SLP (C) No. 35057 of 2011. The Hon’ble Supreme Court had directed the Central Govt. and IVC to either grant recognition to unrecognized veterinary colleges or, if it was not possible to grant recognition, to transfer their students to colleges that were recognised so that they may obtain a recognized degree from a recognised college.

The graduates involved in the present case were still studying when the aforesaid direction was issued. Hence, if the IVC and Central Govt. eventually felt that their colleges could not be recognised, they should have transferred them to recognised colleges. However, they failed to do so, jeopardising the careers of hapless students for no fault of theirs.

In the writ petition filed by Lex Victa on behalf of the veterinary graduates, the impugned requirement of furnishing registration certificate was challenged as arbitrary and illegal and a prayer was made for allowing the petitioners to attend the counselling without registration. Direction was also sought to direct the Central Govt. and ICAR to grant registration to the petitioners, in compliance with the directions of Hon’ble Supreme Court. On 3rd July, 2015 the Hon’ble Delhi High Court was pleased to allow the petitioners to attend counselling without registration. The matter is still pending.

The Order of the Hon’ble Delhi High Court is given below

IN THE HIGH COURT OF DELHI AT NEW DELHI
W.P. (C) 6289-6293/2015 & CM No.11448/2015 (for stay)
IN THE MATTER OF:

Praveen Pilaniya & Ors …Petitioner

Versus
ICAR & Ors. …Respondents

Counsel for petitioner: Mr. Rakesh Kumar, Mr. Aayush Chandra and Mr. Prakhar Bhatnagar, Advs.
Counsel for the respondent: Mr. Rajesh Kumar and Mr. Pradeep Jha, Advs. for R-2.
1. Allowed, subject to all just exceptions.
2. The applications are disposed of. W.P.(C) 6289/2015 & CM No.11448/2015 (for stay), W.P.(C) 6290/2015 & CM No.11450/2015 (for stay), W.P.(C) 6291/2015 & CM No.11452/2015 (for stay), W.P.(C) 6292/2015 & CM No.11454/2015 (for stay) & W.P.(C) 6293/2015 & CM No.11456/2015 (for stay)
3. All the petitions seek direction to the respondent No.1 to allow the petitioners to attend counseling scheduled on 6th July, 2015 for admission to post-graduation courses in Animal Sciences, in colleges affiliated to the respondent No.1 Indian Council of Agricultural Research.
4. Though the petitioners have been invited for counseling but are aggrieved by a condition / requirement therein, of the candidates appearing for counseling being registered with the respondent No.3 Veterinary Council of India.
5. It is the case of the petitioners that they had obtained admission in Bachelor of Veterinary Sciences and Animal Husbandry in colleges recognized by the respondent No.3. However, subsequently the respondent No.3 withdrew the recognition accorded to the said colleges and which dispute was agitated by some of the students in the Supreme Court vide Apollo College of Veterinary Medicine Vs. Rajasthan State Veterinary Council (2015) 2 SCC 291 which recognized the degrees awarded to the students passing out till the year 2011 and directed that the students undergoing course be shifted to some other colleges recognized by the respondent No.3. The petitioners state that the respondent No.3 however failed to implement the said order and as a result whereof they continued to study in the same colleges and ultimately passed out in November / December, 2014 therefrom with the degree of Bachelor of Veterinary Sciences and Animal Husbandry. Being desirous of pursuing the post graduation courses, they appeared in the competitive examination held by the respondent No.1 therefor and cleared the same and have been called for counseling, as aforesaid.
6. It is their case that owing to the aforesaid situation, they are not being registered by the respondent No.3 and hence cannot comply with the condition imposed for participating in counseling and which will result in their being deprived from appearing in the counseling on 6th July, 2015 and resultantly losing the chance of admission to post graduation courses.
7. Only the counsel for the respondent No.2 Union of India appears on advance notice and states that he will have to obtain instructions.
8. None appears for the respondents No.1 &3 who are informed to be not having any nominated counsel also.
9. On enquiry the counsel for petitioners states that the examinations of Bachelor of Veterinary Science and Animal Husbandry which they have cleared and on basis whereof they are claiming admission to post graduation, were conducted by respondent No.1.
10. Issue notice.
11. Notice is accepted by the counsel for the respondent No.2. Notice be served on the respondents No.1 & 3 by all modes including dasti and through electronic mode returnable on 8th July, 2015.
12. In the meanwhile, the petitioners, if have been invited for counseling, are allowed to participate in the counseling scheduled on 6th July, 2015 and on any other date, without being required to produce the registration with the respondent No.3 Veterinary Council of India.
13. Needless to state that the aforesaid participation of the petitioners and the allocation of seats and admission, if any granted to them, shall be without prejudice to the rights and contentions of the parties and shall not create any special equities in favor of the petitioners. Copy of this order be given dasti under the signatures of the Court Master to the counsels.
RAJIV SAHAI ENDLAW, J.
JULY 03, 2015

@ Mahendra Singh, Advocate