VETERINARY COUNCIL OF INDIA versus NDIAN COUNCIL OF AGRICULTURAL RESEARCH

Citation: [2000] 1 S.C.R. 43 · Decided: 06-01-2000 · Supreme Court of India · Bench: A.S. ANAND · Disposal: Appeal(s) allowed
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Judgment (excerpt)

,.. 
VETERINARY COUNCIL OF INDIA 
A 
v. 
INDIAN COUNCIL OF AGRICl:LTt:RAL RESEARCH 
JANUARY 6, 2000 
[DR. JUSTICE A.S. ANAl"ID, CJ, D.P. WADHWA A.."ID 
B 
S. RAJENDRA BABU, JJ.] 
Education-Admission to Professional Course~-Veterinary Council of 
India (Minimum Standards of Education) Degree Courses ( B. V.Sc. and A.H.) 
Regulations, 1993--Regulation 5(8j-Power to regulate mim:mum standards c 
'y 
of veterinary education and conduct Common Entrance Test for filling 15% 
of total number of seats in Veterinary Colleges-I CAR claimed similar powers 
and held Common Entrance Test-Single Judge injuncted ICAR-ln appea4 
Divfaion Bench of High Court held Regulation 5(8) to be ultra vires of the 
Act-On appeal Held, VCJ and not /CAR competent and empowered to hold D 
test-Regulation 5(8) not ultra vires of the Act or Invalid but framed to further 
the object of the Act. 
Veterinary Council Act, 1984- -Section 22--Power to prescribe stand-
arm of veterinary education includes power to regulate admissions to col-
leges--Regulation of admission has a direct impact on maintenance ·of E 
"standards of education". 
Veterinary Council of India (V.C.l.) has been established under the 
Veterinary Council Act, 1984, for regulation of veterinary practices and for 
matters connected or ancillary thereto under Section 22 of the Act. lt is 
empowered to regulate and specify minimum standards of veterinary F 
education in various institutions affiliated to or as a part of State Agricul-
tural Universities. Indian Council of Agricultural Research (I.C.A.R) is a 
society registered under Societies Registration Act, 1860 and is controlled 
by the Central Government. Its main object is to undertake, aid, promote 
and co-ordinate agriculture and animal husbandry, education and re-
G 
search. 
VCI in exercise of powers under Section 22 of the Act, framed the 
Veterinary C.:ouncil of India (Minimum Standards of Veterinary Educa-
·. 
tion) Degree Courses (B.V.Sc. and A.H.) Regulations, 1993 relating to 
minimum standards of veterinary education and to conduct an All India H 
43 
44 
SUPREME COURT REPORTS 
[2000} 1 S.C.R. 
A Common F.ntrance Test. Regulation 5(8) gave VCI power to hold the All 
India Common Entrance Test and that 15% of the total number of seats 
of each veterinary college shall be reserved for the test, which was held for 
the academic years 1995·96 and 1996-97. ICAR advertised that it shall also 
conduct an All India Common Entrance Test for filling up 15% seats in 
B the State Agricultural Universities including Faculty of Veterinary Science. 
VCI filed a suit in the High Court seeking a declaration and per· 
manent preventive injunction against ICAR in this regard, which was 
granted by the Single Judge. ICAR appealed against that order and also 
filed a writ petition for quashing of Regulation 5(8) as being ultra vires the 
C Constitution and for restraining VCI from declaring the result of the 
Entrance Test held by it. The Appeal and the writ petition were heard and 
disposed of together, by the High Court, against which VCI filed these 
appeals. 
The appellant contended before this Court that it alone was com· 
D petent to hold such an Entrance Test being concerned with the main· 
tenance of "standards of education". 
The respondent contended that the judgment of the Division Bench 
of the High Court did not merit any interference as ICAR regulates 
E Agricultural Universities, therefore, only it can regulate admission of 
students through an All India Entrance Test. 
Allowing the appeal, this Court 
HELD : 1.1. The view, that the power to prescribe Minimum Stand· 
F ards of education does not take within its ambit, the power to conduct 
entrance examination for regulating admission to the colleges, cannot he 
subscribed to. [51-H] 
1.2. V.C.I. is authorised to frame regulations relating to prescribing 
standards of veterinary education for granting veterinary qualifications 
G and such an authority must include the power to regulate admissions to the 
course so as to maintain the "standards of education". Section 22 of the 
Veterinary Council Act is a valid piece of legislation enacted by the parlia· 
ment and Regulation 5 (8) has been framed by virtue of the powers vested in 
VCI under Section 66 of the Act read with Section 22 of the Act. Regulation 
H 5(8) essentially prescribes the manner and method of determining com· 
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VEThRINARYCOLNCILOFINDlAv. l.C.ARESEARCH 
45 
parative merit of the candidates so tha
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