Bombay High Court
Anisha Vaishwas Bhisey vs Union Of India Through Its Secretary on 15 October, 2025
Author: R.I. Chagla
Bench: R.I. Chagla
Jayashri Lande 908-WP(L)-29478-2025.doc
Digitally signed
by JYOTI
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
JYOTI PRAKASH
PAWAR
PRAKASH Date:
PAWAR 2025.10.17
ORDINARY ORIGINAL CIVIL JURISDICTION
16:48:43
+0530
WRIT PETITION (L) NO. 29478 OF 2025
Anisha Vaishwas Bhisey ...Petitioner
V/s.
1. Union of India
Through its Secretary, Ministry of Fisheries,
Animal Husbandry and Dairying and Ors. ...Respondents
____________________________________
Mr. Janay Jain a/w Ms. Chitra Rentala and Ms. Priyanka Vishnoi i/b
TRILEGAL for Petitioner
Mr. R. V. Govilkar, Senior Counsel, Mr. Rui Rodrigues a/w Gargi Warunjikar
for Respondent Nos. 1 and 2
Mr. Amar Mishra, AGP for Respondent No.3
Mr. Piyush Pande for Respondent No.4
____________________________________
CORAM : R.I. CHAGLA AND
FARHAN P. DUBASH, JJ.
DATE : 15TH OCTOBER 2025
ORDER :
1. Heard Mr. Janay Jain for Petitioner, and Mr. Govilkar for the Respondent Nos. 1 and 2, who are the contesting parties.
2. The Respondents have been served. Affidavit of service has been filed in the Writ Petition.
3. Rule.
4. The Petitioner seeks directions to the Respondent Nos. 2 and 4 to grant the Petitioner the Certificate of Registration as a veterinary 1/6 ::: Uploaded on - 17/10/2025 ::: Downloaded on - 18/10/2025 00:31:31 ::: Jayashri Lande 908-WP(L)-29478-2025.doc practitioner and enter her name on the Indian and Maharashtra State veterinary practitioners register in terms of the provisions of the Indian Veterinary Council Act, 1984 ("the Act").
5. The Petitioner holds a Veterinary degree from Massey University, New Zealand, which degree has been awarded to the Petitioner on 05th December 2024. The Petitioner had thereafter applied for obtaining membership of the Royal College of Veterinary Surgeons ("RCVS"). A Certificate was issued by the RCVS certifying that the Petitioner is admitted to membership of the RCVS and her name has been entered in the Register of Veterinary Surgeons on 14th February 2025 by virtue of holding a qualification accepted in terms of Section 6(3) of the Veterinary Surgeons Act, 1966.
6. Under the Second Schedule to the Indian Veterinary Council Act, 1984 ("Act"), Item No.1 - the RCVS is listed as a Recognized Institution. Further, the Recognized Veterinary Qualification is member of the Royal College of Veterinary Surgeons (M.R.C.V.S.).
7. Mr. Govilkar, Learned Counsel appearing for Respondent Nos. 1 and 2 has submitted that Massey University, New Zealand is not a Recognized Institution as it is not included in the Second Schedule to the Act. He has submitted that the Petitioner having completed her degree in the Veterinary Medicine from that Institution, cannot have her name entered in the Indian and Maharashtra State Veterinary Practitioners Register and / or 2/6 ::: Uploaded on - 17/10/2025 ::: Downloaded on - 18/10/2025 00:31:31 ::: Jayashri Lande 908-WP(L)-29478-2025.doc be granted Certificate of Registration.
8. Mr. Govilkar has also taken an objection to the filing of the present the Writ Petition on the Original Side, on the ground that the Petitioner is residing in Pune.
9. Mr. Govilkar has further submitted that the Petitioner has obtained the degree from Massey University, New Zealand in Veterinary Medicine, which is a 4½ years Course as against the 5½ years Veterinary Medicine Course recognized in India.
10. We have considered the submissions. Under Section 16 of the Act, it is provided that Veterinary Qualifications granted by Veterinary Institutions outside India, which Institutions are included in the Second Schedule shall be recognized Veterinary Qualifications for the purpose of the Act. Listed under the Second Schedule is the Royal College of Veterinary Surgeons (RCVS) and the Recognized Veterinary Qualification is Member of the Royal College of Veterinary Surgeons (MRCVS). Thus, the Petitioner qualifies, as apparent from the Certificate issued by the RCVS at Exhibit-A to the Writ Petition, certifying her as a MRCVS. Thus, prima facie we do not find any merit in the contention of the Respondent Nos. 1 and 2 that the Petitioner having been awarded a degree from the Massey University, New Zealand, which is not a recognized Veterinary Institution due to its non inclusion in the Second Schedule to the Act is not eligible for being entered in the veterinary practitioners register in terms of the Act. 3/6 ::: Uploaded on - 17/10/2025 ::: Downloaded on - 18/10/2025 00:31:31 :::
Jayashri Lande 908-WP(L)-29478-2025.doc
11. Further the contention of the Respondent Nos.1 and 2 that the Veterinary Medicine Course recognized in India is a 5½ years Course, whereas the Veterinary Medicine Course from Massey University, New Zealand is a 4½ years Course and the Course does not qualify for recognization under the Act is misconceived. The requirement under the Act for recognition of Veterinary Qualifications is membership of the Royal College of Veterinary Surgeons under the Second Schedule to the Act. There is no such requirement of length of the Course under the Second Schedule read with Section 16 of the Act.
12. Further, the preliminary objection taken by Mr. Govilkar for the Respondent Nos. 1 and 2, viz. that the Writ Petition is required to be filed on Appellate Side, is also of no merit, considering that the Petitioner has invoked the writ jurisdiction of this Court under Article 226 of the Constitution, by invoking her fundamental rights, which are claimed to have been infringed by erroneous refusal on the part of the Respondents to grant Certificate of Registration.
13. This Court in Dr. Aditya Daniel Jha V/s. Union of India Through its Secretary & Ors., Writ Petition (L) No.9051 of 2023 - Order dated 03 rd April, 2023 has considered a similar case of the Petitioner being a member of the Royal College of Veterinary Surgeons (RCVS), holding a Veterinary Degree from the University of Veterinary Medicine, Budapest. It has been held by this Court that what is required in the Second Schedule to the Act is 4/6 ::: Uploaded on - 17/10/2025 ::: Downloaded on - 18/10/2025 00:31:31 ::: Jayashri Lande 908-WP(L)-29478-2025.doc membership of Royal College of Veterinary Surgeons (RCVS) and Section 16 of the Act creates an entitlement to have the name of the Petitioner entered on the Register if the Petitioner holds "a Recognised Veterinary Qualification". This Recognised Veterinary Qualification is precisely that which is set out in the Second Schedule and the first recognition is that of the RCVS. The qualification required is MRCVS, i.e. Membership of the Royal College of Veterinary Surgeons.
14. We are of the considered view that there is more than a sufficient prima facie case made out by the Petitioner in the present case. The balance of convenience is with the Petitioner, considering that though she holds a Recognized Veterinary Qualification being a member of the Royal College of Veterinary Surgeons (RCVS) on 14th February 2025, the Respondents, by not entering her name in the Indian and Maharashtra State Veterinary Practitioners Register and/or granting her Certificate of Registration, has prevented her from practicing Veterinary Medicine in India.
15. In that view of the matter, there shall be interim Order in terms of prayer Clause - (b) and (c) of the Writ Petition which read thus :
(b) Pending the hearing and final disposal of this Writ Petition, this Hon'ble High Court be pleased to direct the Respondents to enter the name of the Petitioner in the Indian and Maharashtra state veterinary practitioner register and grant certificate of registration, 5/6 ::: Uploaded on - 17/10/2025 ::: Downloaded on - 18/10/2025 00:31:31 ::: Jayashri Lande 908-WP(L)-29478-2025.doc subject to the outcome of the present Writ Petition;
(c) Pending the hearing and final disposal of this Writ Petition, this Hon'ble Court be pleased to allow the Petitioner/direct the Respondents to allow the Petitioner to practice and be conferred rights and entitlements as a veterinary practitioner in India under the Indian Veterinary Council Act, 1984.
16. The Respondent Nos. 2 and 4 shall enter the name of Petitioner in the Indian and Maharashtra State Veterinary Practitioners Register and grant Certificate of Registration within a period of four weeks from uploading of this Order. Further it is clarified that, this Order will operate as long as the Petitioner is a member of the Royal College of Veterinary Surgeons (RCVS).
17. The Respondents shall file their Affidavit-in-Reply to the Writ Petition within a period of five weeks from today. The Petitioner is at liberty to file Affidavit-in-Rejoinder thereto with a period of two weeks thereafter.
18. The Writ Petition shall be placed for hearing on 12th January 2025.
( FARHAN P. DUBASH, J. ) ( R.I. CHAGLA J. ) 6/6 ::: Uploaded on - 17/10/2025 ::: Downloaded on - 18/10/2025 00:31:31 :::