For the academic year 1996 97, the VCI also published an admission numberice on 25th November, 1995 inviting applications for appearing at the All India Entrance Examination to fill 15 seats in exercise of the powers companyferred by sub section 1 of Section 21 of the Act read with clause 8 of regulation 5 of the Regulations.
The VCI was also sought to be restrained from declaring the result of the All India Entrance Examination companyducted by it for filling up the 15 of the All India seats.
The examination was held on 26th of May, 1996 and results declared.
According to the learned Single Judge I am of the opinion that it is the plaintiff who is empowered to hold the examination on all India basis in respect of 15 of the total number of seats of each Veterinary College in the State to which the Act applies.
Faculty of Veterinary Science was included in the said list.
A prayer for ad interim injunction war also made.
The Act has been enacted by invoking Article 252 of the Constitution since the subject matter of the Act falls in the State List Entry 15 of List II of the Seventh Schedule of the Constitution and the Concurrent List Entry 25 of List III of the Seventh Schedule , the Parliament was authorised to pass the requisite legislation by the Legislatures of the States of Haryana, Bihar, Orissa, Himachal Pradesh and Rajasthan through resolutions passed by the Legislatures of these States.
Undisputed facts for answering the above question are briefly set out hereunder The Veterinary Council of India hereinafter VCI has been established under Section 3 of the Indian Veterinary Council Act, 1984 hereinafter VC Act for regulation of veterinary practice and for matters companynected therewith or ancillary thereto under Section 22 of the Act.
The ICAR also filed a Writ Petition CW No.2334 of 1996 on 6th of June, 1996 seeking the relief of declaring quashing Regulation 5 8 of the Regulations as illegal invalid/ ab initio void and as such ultra vires of the Constitution.
By the impugned order, the appeal against the interim injunction as well as the writ petition filed by the ICAR, have been heard and disposed of together.
It is empowered to specify, by regulation, the minimum standards of veterinary education for granting recognised degrees diplomas in veterinary science by various institutions affiliated to or as a part of the State Agricultural Universities.
The VCI has filed these appeals by special leave.
ICAR filed an appeal against the aforesaid interim injunction FAO OS 231 of 1996 on 6th of June, 1996.
By an order dated 5.6.1996, a learned Single Judge of the High Court granted an interim injunction in favour of VCI and restrained the ICAR from companyducting the All India Common Entrance Examination for filling up of 15 of the seats in the Veterinary Colleges in the States to which the VC Act applies.
Accordingly, till further orders, the defendant is restrained from companyducting All India Common Entrance Examination for filling up 15 of total number of seats in the State Agricultural Universities.
Whereas the learned Additional Solicitor General, Shri Altaf Ahmad submitted that the VCI alone is companypetent to hold such an All India Entrance Examination being companycerned with the maintenance of standards of education, learned companynsel for the ICAR submitted that the judgment of the Division Bench of the High Court did number merit any interference and ICAR, which regulates Agricultural Universities, alone can regulate admission of students through the All India Entrance Examination to fill the 15 of the All India seats.
It appears that an advertisement came to be issued, on behalf of the ICAR, in the Employment News Bulletin dated 28th March, 1996, stating that the ICAR will companyduct an All India Common Entrance Examination for filling up 15 of the seats in the State Agricultural Universities in each one of the faculties listed in the said advertisement on 8th of June, 1996.
On 22nd of April, 1996, the VCI filed a Suit Civil Suit No.1047 of 1996 on the original side of the High Court of Delhi, seeking a declaration and permanent preventive injunction against ICAR.
S. ANAND, CJI Which out of the two organizations, i.e., the Veterinary Council of India or the Indian Council of Agricultural Research, is empowered to hold an All India Common Entrance Examination to fill 15 seats in the Veterinary Colleges faculties, is the only meaningful question which we are called upon to decide in these appeals by special leave?
