Gujarat High Court
State Of Gujarat vs Harshitkumar Bharatbhai Jani on 6 September, 2023
Author: Sunita Agarwal
Bench: Sunita Agarwal, N.V.Anjaria
NEUTRAL CITATION
C/LPA/1058/2022 CAV JUDGMENT DATED: 06/09/2023
undefined
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/LETTERS PATENT APPEAL NO. 1058 of 2022
In
R/SPECIAL CIVIL APPLICATION NO. 8556 of 2020
With
CIVIL APPLICATION (FOR STAY) NO. 1 of 2022
In
R/LETTERS PATENT APPEAL NO. 1058 of 2022
With
R/LETTERS PATENT APPEAL NO. 1061 of 2022
In
SPECIAL CIVIL APPLICATION NO. 15334 of 2019
With
CIVIL APPLICATION (FOR STAY) NO. 1 of 2022
In
R/LETTERS PATENT APPEAL NO. 1061 of 2022
In
SPECIAL CIVIL APPLICATION NO. 15334 of 2019
With
R/LETTERS PATENT APPEAL NO. 1060 of 2022
In
SPECIAL CIVIL APPLICATION NO. 16982 of 2019
With
CIVIL APPLICATION (FOR STAY) NO. 1 of 2022
In
R/LETTERS PATENT APPEAL NO. 1060 of 2022
In
SPECIAL CIVIL APPLICATION NO. 16982 of 2019
With
CIVIL APPLICATION (FOR JOINING PARTY) NO. 2 of 2022
In
R/LETTERS PATENT APPEAL NO. 1060 of 2022
In
SPECIAL CIVIL APPLICATION NO. 16982 of 2019
With
CIVIL APPLICATION (FOR STAY) NO. 2 of 2023
In
R/LETTERS PATENT APPEAL NO. 1060 of 2022
In
SPECIAL CIVIL APPLICATION NO. 16982 of 2019
With
CIVIL APPLICATION (FOR STAY) NO. 3 of 2023
In
R/LETTERS PATENT APPEAL NO. 1060 of 2022
In
SPECIAL CIVIL APPLICATION NO. 16982 of 2019
With
Page 1 of 75
Downloaded on : Sat Sep 16 16:18:36 IST 2023
NEUTRAL CITATION
C/LPA/1058/2022 CAV JUDGMENT DATED: 06/09/2023
undefined
R/LETTERS PATENT APPEAL NO. 1059 of 2022
In
SPECIAL CIVIL APPLICATION NO. 15532 of 2019
With
CIVIL APPLICATION (FOR STAY) NO. 1 of 2022
In
R/LETTERS PATENT APPEAL NO. 1059 of 2022
In
SPECIAL CIVIL APPLICATION NO. 15532 of 2019
With
R/LETTERS PATENT APPEAL NO. 1038 of 2023
In
SPECIAL CIVIL APPLICATION NO. 8556 of 2020
With
CIVIL APPLICATION (FOR INTERIM RELIEF) NO. 1 of 2023
In
R/LETTERS PATENT APPEAL NO. 1038 of 2023
In
SPECIAL CIVIL APPLICATION NO. 8556 of 2020
With
CIVIL APPLICATION (FOR INTERIM RELIEF) NO. 2 of 2022
In
R/LETTERS PATENT APPEAL NO. 1038 of 2023
In
SPECIAL CIVIL APPLICATION NO. 8556 of 2020
With
R/LETTERS PATENT APPEAL NO. 1039 of 2023
In
SPECIAL CIVIL APPLICATION NO. 15334 of 2019
With
CIVIL APPLICATION (FOR INTERIM RELIEF) NO. 1 of 2023
In
R/LETTERS PATENT APPEAL NO. 1039 of 2023
In
SPECIAL CIVIL APPLICATION NO. 15334 of 2019
With
CIVIL APPLICATION (FOR INTERIM RELIEF) NO. 2 of 2022
In
R/LETTERS PATENT APPEAL NO. 1039 of 2023
In
SPECIAL CIVIL APPLICATION NO. 15334 of 2019
With
R/LETTERS PATENT APPEAL NO. 1040 of 2023
In
SPECIAL CIVIL APPLICATION NO. 15532 of 2019
With
CIVIL APPLICATION (FOR INTERIM RELIEF) NO. 1 of 2023
In
R/LETTERS PATENT APPEAL NO. 1040 of 2023
Page 2 of 75
Downloaded on : Sat Sep 16 16:18:36 IST 2023
NEUTRAL CITATION
C/LPA/1058/2022 CAV JUDGMENT DATED: 06/09/2023
undefined
In
SPECIAL CIVIL APPLICATION NO. 15532 of 2019
With
CIVIL APPLICATION (FOR INTERIM RELIEF) NO. 2 of 2022
In
R/LETTERS PATENT APPEAL NO. 1040 of 2023
In
SPECIAL CIVIL APPLICATION NO. 15532 of 2019
With
R/LETTERS PATENT APPEAL NO. 1041 of 2023
In
SPECIAL CIVIL APPLICATION NO. 16982 of 2019
With
CIVIL APPLICATION (FOR INTERIM RELIEF) NO. 1 of 2023
In
R/LETTERS PATENT APPEAL NO. 1041 of 2023
In
SPECIAL CIVIL APPLICATION NO. 16982 of 2019
With
CIVIL APPLICATION (FOR INTERIM RELIEF) NO. 2 of 2022
In
R/LETTERS PATENT APPEAL NO. 1041 of 2023
In
SPECIAL CIVIL APPLICATION NO. 16982 of 2019
FOR APPROVAL AND SIGNATURE:
HONOURABLE THE CHIEF JUSTICE MRS. JUSTICE SUNITA
AGARWAL Sd/-
and
HONOURABLE MR. JUSTICE N.V.ANJARIA Sd/-
=============================================
1 Whether Reporters of Local Papers may be No allowed to see the judgment ?
2 To be referred to the Reporter or not ? No 3 Whether their Lordships wish to see the fair copy No of the judgment ?
4 Whether this case involves a substantial question No of law as to the interpretation of the Constitution of India or any order made thereunder ?
Page 3 of 75 Downloaded on : Sat Sep 16 16:18:36 IST 2023
NEUTRAL CITATION C/LPA/1058/2022 CAV JUDGMENT DATED: 06/09/2023 undefined ============================================= STATE OF GUJARAT Versus HARSHITKUMAR BHARATBHAI JANI ============================================= Appearance:
In LPA Nos.1058/2022 with CA NO.1/2022 Ms. Manisha Luvkumar Shah, Government Pleader assisted by Mr.Siddharth Rami and Ms. Jeenal Acharya, AGP for the appellant/ applicant, Mr. Aditya Bhatt & Ms. Chandni S. Joshi, learned counsel for Respondent No.1, Mr. N.D. Songara, learned counsel for Respondent No.2, Mr. Akshat Khare for Mrs. Suman Khare, learned counsel for Respondent No.3.
In LPA Nos.1061/2022 with CA NO.1/2022 Ms. Manisha Luvkumar Shah, Government Pleader assisted by Mr. Siddharth Rami and Ms. Jeenal Acharya, AGP for the appellant/applicant, Mr. TR Mishra, learned counsel for Respondent Nos.1 to 35, Mr. Rameshbhai M Patel, learned counsel for Respondent Nos.1 to 35, Mr. N.D. Songara, learned counsel for Respondent No.36, Mr. Akshat Khare for Mrs. Suman Khare, learned counsel for Respondent No.37.
In LPA Nos.1060/2022 Ms. Manisha Luvkumar Shah, Government Pleader assisted by Mr. Siddharth Rami and Ms. Jeenal Acharya, AGP for the appellant/applicant Mr. TR Mishra, learned counsel for Respondent Nos.1 to 38, Mr. Rameshbhai M Patel, learned counsel for Respondent Nos.1 to 38, Mr. N.D.Songara, learned counsel for Respondent No.39, Mr. Akshat Khare for Mrs. Suman Khare, learned counsel for Respondent No.40.
In CA NO.1/2022 in LPA Nos.1060/2022 Ms. Manisha Luvkumar Shah, Government Pleader assisted by Mr. Siddharth Rami and Ms. Jeenal Acharya, AGP for the appellant/applicant Mr. T.R. Mishra, learned counsel for Respondent Nos.1 to 38, Mr. Rameshbhai M Patel, learned counsel for Respondent Nos.1 to 38, Page 4 of 75 Downloaded on : Sat Sep 16 16:18:36 IST 2023 NEUTRAL CITATION C/LPA/1058/2022 CAV JUDGMENT DATED: 06/09/2023 undefined In CA NO.2/2022 in LPA Nos.1060/2022 Mr Amit R Joshi, Advocate for the Applicant/s Mr. T.R. Mishra, learned counsel for Respondent Nos.1 to 37, Mr. Rameshbhai M Patel, learned counsel for Respondent No. 38, Mr. N.D.Songara, learned counsel for Respondent No.39, Mr. Akshat Khare for Mrs. Suman Khare, learned counsel for Respondent No.40.
In CA 2/2023 in LPA Nos.1060/2022 Mr. Amit R. Joshi with Mr. Kevalsinh B Rathod, Advocates for the Applicant/s Mr. T.R. Mishra, learned counsel for Respondent Nos.1 to 38, Mr. Rameshbhai M Patel, learned counsel for Respondent Nos.1 to 38, Mr. N.D. Songara, learned counsel for Respondent No.39, Mr. Akshat Khare for Mrs. Suman Khare, learned counsel for Respondent No.40.
In CA NO.3/2023 in LPA Nos.1060/2022 Mr Amit R Joshi with Mr.Kevalsinh B Rathod, Advocates for the Applicant/s Mr. T.R. Mishra, learned counsel for Respondent Nos.1 to 38, Mr. Rameshbhai M Patel, learned counsel for Respondent Nos.1 to 38, Mr. N.D. Songara, learned counsel for Respondent No.39, Mr. Akshat Khare for Mrs. Suman Khare, learned counsel for Respondent No.40.
In LPA Nos.1059/2022 with CA NO.1/2022 Ms. Manisha Luvkumar Shah, Government Pleader assisted by Mr. Siddharth Rami and Ms. Jeenal Acharya, AGP for the appellant/applicant Mr. Rameshbhai M Patel, learned counsel for Respondent Nos.2 & 3, Mr. N.D.Songara, learned counsel for Respondent No.4, Mr. Akshat Khare for Mrs. Suman Khare, learned counsel for respondent No.5 (in LPA).
(Notice not received back for Respondent No.5 in CA No.1/2022) In LPA Nos.1038/2023 with CA NO.1/2023 & CA NO.2/2022 Mr Shalin Mehta, Senior Advocate with Mr. B H Kher, Advocate for the Appellants/Applicants Ms. Manisha Luvkumar Shah, Government Pleader assisted by Mr. Siddharth Rami and Ms. Jeenal Acharya, AGP for the respondent State on advance copy Page 5 of 75 Downloaded on : Sat Sep 16 16:18:36 IST 2023 NEUTRAL CITATION C/LPA/1058/2022 CAV JUDGMENT DATED: 06/09/2023 undefined In LPA Nos.1039/2023 with CA NO.1/2023 & CA NO.2/2022 Mr Shalin Mehta, Senior Advocate with Mr. B H Kher, Advocate for the Appellants/Applicants Ms. Manisha Luvkumar Shah, Government Pleader assisted by Mr.Siddharth Rami and Ms. Jeenal Acharya, AGP for the respondent State on advance copy In LPA Nos.1040/2023 with CA NO.1/2023 & CA NO.2/2022 Mr Shalin Mehta, Senior Advocate with Mr. B H Kher, Advocate for the Appellants/Applicants Ms. Manisha Luvkumar Shah, Government Pleader assisted by Mr.Siddharth Rami and Ms. Jeenal Acharya, AGP for the respondent State In LPA Nos.1041/2023 with CA NO.1/2023 & CA NO.2/2022 Mr Shalin Mehta, Senior Advocate with Mr. B H Kher, Advocate for the Appellants/Applicants Ms. Manisha Luvkumar Shah, Government Pleader assisted by Mr.Siddharth Rami and Ms. Jeenal Acharya, AGP for the respondent State Mr. T. R. Mishra, learned counsel for Resp.Nos.14-16, 18, 25-26, 30-31, 35 ============================================= CORAM:HONOURABLE THE CHIEF JUSTICE MRS. JUSTICE SUNITA AGARWAL and HONOURABLE MR. JUSTICE N.V.ANJARIA Date : 06/09/2023 COMMON CAV JUDGMENT (PER : HONOURABLE THE CHIEF JUSTICE MRS. JUSTICE SUNITA AGARWAL)
1. Heard the learned counsels appearing for the parties and perused the record.
2. This bunch of intra-court appeals is directed against the judgment and order dated 8.2.2023 passed by the Page 6 of 75 Downloaded on : Sat Sep 16 16:18:36 IST 2023 NEUTRAL CITATION C/LPA/1058/2022 CAV JUDGMENT DATED: 06/09/2023 undefined learned Single Judge in Special Civil Application No.8556 of 2020 and connected other matters, allowing the writ petitions, setting aside the merit list of Livestock Inspectors, which has been prepared after deletion of the names of the writ petitioners / respondents herein. The State is directed to consider the case of the petitioners as they have been held entitled to be appointed to the posts of Livestock Inspectors, pursuant to the advertisement for the said post, against which they had applied.
Consequential benefits including seniority with notional benefits from the date of their appointment as per the advertisement, have also been granted.
3. We may note, at the outset, that on the factual aspects of the matter and while mentioning various communications placed by the learned counsels for the parties, reference has been made to the paper-books of Letters Patent Appeal Nos.1060 of 2022 and 1058 of 2022 in this judgment.
4. The dispute, in the instant case, is with regard to the fulfillment of eligibility criteria by the writ petitioners for Page 7 of 75 Downloaded on : Sat Sep 16 16:18:36 IST 2023 NEUTRAL CITATION C/LPA/1058/2022 CAV JUDGMENT DATED: 06/09/2023 undefined the post of Livestock Inspector, recruitment to which is to be made in accordance with the rules viz. Livestock Inspector, Class III in the subordinate services of the Directorate of Animal Husbandry Recruitment (Amendment) Rules, 2017 ('Amended Rules 2017' for short). As per the unamended Rules 2016, notified on 11.4.2016, the eligibility qualification for the post of Livestock Inspector was as follows:
"Clause 3 of the Rules states that to be eligible for appointment, the candidate shall have passed three years diploma in Veterinary Science and Animal Husbandry or Diploma in Animal Husbandry from any universities established or incorporated under the central or a state Agricultural or Veterinary University Act and recognised by the Indian Council of Agricultural Research (ICAR)."
5. By notification dated 9.2.2017, the Recruitment Rules, 2016 were amended and the following qualification was added:
"or a certificate of livestock inspector course of at least one year duration obtained from any of the Universities established or incorporated from any of the Central or State Act in India or any other educational institution recognised as a university under section 3 of the UGC Act, 1956."
6. The advertisement dated 26.7.2017 was published Page 8 of 75 Downloaded on : Sat Sep 16 16:18:36 IST 2023 NEUTRAL CITATION C/LPA/1058/2022 CAV JUDGMENT DATED: 06/09/2023 undefined notifying 400 vacancies of the post of Livestock Inspector pursuant to which, final select list was prepared on 22.8.2019, deleting the names of the writ petitioners as they did not fulfill the prescribed educational qualifications. The intimation, in this regard, was given to the writ petitioners on an application moved by them under the RTI Act.
7. The learned Single Judge, while setting aside the final select list, having gone through the eligibility qualification prescribed in Rule 3 of the Unamended Rules, 2016, as also the Amended Rules, 2017, posed a question to itself, as to whether a certificate of Livestock Inspectors by distance learning acquired by the petitioners from Vinayaka Missions University, can be treated to be recognised qualification. To answer the said question, it was noted that the certificates of marks appended with the writ petitions would indicate the nature of course that the petitioners have undergone, that they have completed the course in the field of extension, education and field work. It was observed that the petitioners have also undertaken education Page 9 of 75 Downloaded on : Sat Sep 16 16:18:36 IST 2023 NEUTRAL CITATION C/LPA/1058/2022 CAV JUDGMENT DATED: 06/09/2023 undefined namely; health education and cattle feed and crop production, Livestock production, buffalo and poultry management, veterinary anatomy and physiology simple principles, primary treatment of animal diseases and artificial insemination.
8. Vinayaka Missions University, wherefrom the petitioners had completed Certificate course of Livestock Inspector is a Deemed University, declared under Section 3 of the University Grants Commission Act, 1956 ('UGC Act' for short). The communication dated 17.7.2016 addressed to the President of the trust, running the university, has been noted in the judgment impugned to record that being a Deemed University, Vinayaka Mission's Research Foundation (Deemed University), Salem is empowered to award its own degrees and diplomas as per the provisions of Section 22 of the UGC Act. Further, the communication dated 28.2.2007 of the India Gandhi National Open University (IGNOU) has also been noted by the writ Court to record that the programme of distance mode of the faculty of distance education of Vinayaka Missions Page 10 of 75 Downloaded on : Sat Sep 16 16:18:36 IST 2023 NEUTRAL CITATION C/LPA/1058/2022 CAV JUDGMENT DATED: 06/09/2023 undefined University has been recognized. The action of the respondents in not considering the Certificate of Livestock Inspector issued by such University for the purposes of being qualified, is misconceived.
9. Taking note of the communication dated 16.5.2011 of the University Grants Commission ('UGC' for short), it was recorded in the judgment impugned that the degree obtained in regular mode and in distance mode is at par and the facts of the instant case would indicate that it was misconceived on the part of the respondents to consider the Certificate of Livestock Inspector issued by Vinayaka Missions University, as not a valid qualification in accordance with the Recruitment Rules. It was further held that the job profile of a Livestock Inspector cannot be compared to that of Medical education, Physiotherapy or Pharmacy as envisaged and submitted, placing reliance on the public notice dated 23.2.2018 issued by the respondents. Moreover, the petitioners have passed their examinations of Certificate course of Livestock Inspectors in the year 2011 and, therefore, the subsequent Page 11 of 75 Downloaded on : Sat Sep 16 16:18:36 IST 2023 NEUTRAL CITATION C/LPA/1058/2022 CAV JUDGMENT DATED: 06/09/2023 undefined communications of 2014 or 2015 or 2018 cannot be relied upon to consider the petitioners as being disqualified for appointment to the posts of Livestock Inspectors.
10. It was observed that the courses imparted by Vinayaka Missions University through distance mode were considered as valid degree qualifications and such a Certificate awarded by the same University was considered valid, as demonstrated by the petitioners therein, at an earlier point of time for appointment to the post of Stock- man (Junior Grade), which was then re-designated as Livestock Inspector. There is, thus, no reason why the appointments of the petitioners should not be made to the posts of Livestock Inspectors based on their participation in the selection for the posts in question.
11. These findings returned by the learned Single Judge are sought to be assailed by the appellants on the ground that the job profile of a Livestock Inspector involves several requirements namely; application and administration of drugs rendering preliminary aid through oral Page 12 of 75 Downloaded on : Sat Sep 16 16:18:36 IST 2023 NEUTRAL CITATION C/LPA/1058/2022 CAV JUDGMENT DATED: 06/09/2023 undefined administration, handing of superficial ailments of animals, vaccination, dispatch of serum, urine, blood samples etc. The writ petitioners / respondents herein possess a certificate of having passed one year course in Livestock Inspector from Vinayaka Missions University, Salem, a Deemed University under Section 3 of the UGC Act, which also provides distance mode of education. The certificate course through distance learning mode obtained by the petitioners is not recognised by the UGC being a technical and a professional programme, as distance learning of such programmes is not permissible. Reliance is placed on the statement made by the UGC to substantiate the said assertion. The communication dated 23.2.2018 issued by the UGC Distance Education Bureau has been placed to assert that the programs like Engineering, Medicine, Dental, Pharmacy and Nursing, which require hands-on- training, cannot be permitted to be offered through distance learning mode. Under the Indian Veterinary Council Act, 1984, Livestock Inspectors provide 'Minor Veterinary Services' requiring high level of sensitive Page 13 of 75 Downloaded on : Sat Sep 16 16:18:36 IST 2023 NEUTRAL CITATION C/LPA/1058/2022 CAV JUDGMENT DATED: 06/09/2023 undefined dealing involved with the body of animals. The UGC has not approved the Certificate course in Livestock Inspector and learning through distance mode is not a satisfactory mode. The Distance Education Bureau of the UGC vide its communication dated 9.9.2019 has informed the Director of Animal Husbandry specifically, with reference to Vinayaka Mission Research Foundation, Salem, Tamil Nadu that no University is authorised to offer technical and professional programmes through distance learning mode.
12. It is, thus, argued by the learned Senior Counsel for the Board that no infirmity can be attached to the stand of the appellant viz. Gujarat Subordinate Service Selection Board ('the Board' for short) in preparing the select list excluding the writ petitioners holding them ineligible for the post of Livestock Inspector. Emphasis was laid on the content of the communication dated 9.9.2019 addressed to the Director, Animal Husbandry, Gujarat State on the subject of recognition of status of various Universities. Para 10 of the said communication has been placed before us to assert the status of Vinayaka Missions Research Foundation Page 14 of 75 Downloaded on : Sat Sep 16 16:18:36 IST 2023 NEUTRAL CITATION C/LPA/1058/2022 CAV JUDGMENT DATED: 06/09/2023 undefined that a Deemed to be University. Erstwhile regulatory, Distance Education Council (DEC) granted ex-post facto institutional recognition to it for the programme offered by it through distance mode, upto the Academic year 2005. Further, DEC granted 'institutional recognition' to it for a period of 5 years with effect from the date of issue of its letter, i.e. 28.2.2007. The recognition given to the University for the aforementioned period was institutional, i.e. for the programmes which were approved by the statutory bodies of the university / institution and not to any specific programmes. It was, however, clarified therein that no University is authorised to offer technical and professional programme through distance mode.
13. The public notice dated 23.2.2018 issued by the UGCs, Distance Education Bureau, placed before us records that as per the University Grant Commission (Open & Distance Learning) Regulation, 2017, notified in the Official Gazette on 23.6.2017, the programme of Education, Research and Training in Engineering Technology, Architect, Town Planner, Management, Pharmacy and Applied Arts & Crafts Page 15 of 75 Downloaded on : Sat Sep 16 16:18:36 IST 2023 NEUTRAL CITATION C/LPA/1058/2022 CAV JUDGMENT DATED: 06/09/2023 undefined and such other programmes are not permitted to be offered under Open and Distance learning mode.
14. The Notification dated 29.11.2012 issued by the Agriculture and Cooperation Department, Government of Gujarat, in exercise of the power conferred by the Explanation to Clause (b) of Section 30 of the Indian Veterinary Council Act, 1984, in supersession of earlier two government notifications of the same date, i.e. on 27.2.2001, has been placed before us to submit that the concerned department has recognised certain applications and acts as 'Minor Veterinary Services' for the purpose of the Indian Veterinary Council Act, 1984, which include application or administration of drugs, compounding and dispensing of drugs / theocratic preparation, etc. The contention is that specification of the acts recognised as 'Minor Veterinary Services' by the Agriculture and Cooperation Department in the above notifications, would include the duties which are to be performed by the Livestock Inspectors. Such duties prescribed in the notification itself would indicate that high skill is required Page 16 of 75 Downloaded on : Sat Sep 16 16:18:36 IST 2023 NEUTRAL CITATION C/LPA/1058/2022 CAV JUDGMENT DATED: 06/09/2023 undefined by a candidate seeking appointment to the post of Livestock Inspector, which cannot be acquired without hands-on- training. The practical and field work, thus, is indispensable for acquiring knowledge and skill to be qualified for the post of Livestock Inspector. The writ petitioners had undertaken one year Certificate course of Livestock Inspector through distance learning mode and there is nothing on record which would even suggest that they had completed the course by undertaking practical and field work to acquire the skills. The contention, thus, is that the writ petitioners cannot be said to be qualified for the post in question, merely on the premise that they possess the Certificate which records that they have undergone the course in the field work, as has been recorded by the learned Single Judge, ignoring the above aspects of the matter.
15. It is further submitted by the learned Senior Counsel for the appellants that even if it is accepted for a moment that the petitioners have completed the required course through the distance education mode, the Certificate issued Page 17 of 75 Downloaded on : Sat Sep 16 16:18:36 IST 2023 NEUTRAL CITATION C/LPA/1058/2022 CAV JUDGMENT DATED: 06/09/2023 undefined by Vinayaka Missions University cannot be recognised as a valid qualification, inasmuch as, there is no permission from the Distance Education Council to impart education through distance mode beyond the territorial jurisdiction of the university.
16. It was vehemently argued by the learned Government Pleader and the learned Senior Counsel for the appellant - Selection Board that a University established or incorporated by or under a State Act can operate only within the territorial jurisdiction allocated to it under its Act and, in no case, beyond the territory of the State or its location. The Deemed Universities cannot affiliate any college or institution for conducting courses leading to award of its diplomas, degrees or other qualifications. No Deemed University can operate its programme through franchise agreement with private coaching institutions even for the purpose of conducting courses through distance mode. All these instructions with regard to the territorial jurisdiction and offering of programmes through Off- campuses / study centres, etc. by institutions / universities, Page 18 of 75 Downloaded on : Sat Sep 16 16:18:36 IST 2023 NEUTRAL CITATION C/LPA/1058/2022 CAV JUDGMENT DATED: 06/09/2023 undefined have been issued by the UGC in the communication dated 9.8.2014, which is appended at page '184' of the paper book (of Letters Patent Appeal No.1058 of 2022), along with the affidavit of the UGC. The attention of the Court is invited to another communication dated 19.5.2008 of the UGC addressed to the Vice Chancellors of 103 Deemed Universities in the Country appended with the aforementioned affidavit, wherein taking serious note of the functioning of the Deemed Universities in opening off- campus(s) / off-shore campus(s), new department(s) and study centre(s) without approval of UGC, guidelines were issued to adhere to the following norms:
"1. Any Deemed University will not open and run the Off-campus(s) / off-shore Campus(s) / establish new department(s) / start new course(s) (other than allied to the courses already approved and being offered) without obtaining the specific prior approval of the UGC / Government of India. The requisite official approval of the proposed Off-campus(s) / off- shore campus(s) / new department(s) / new course(s) will take only a prospective effect.
2. The deemed university shall not conduct any course(s) under distance mode without the specific prior approval of the Joint Committee of UGC, AICTE & DEC.
3. The deemed universities being unitary institutions are not allowed to affiliate any College(s) Page 19 of 75 Downloaded on : Sat Sep 16 16:18:36 IST 2023 NEUTRAL CITATION C/LPA/1058/2022 CAV JUDGMENT DATED: 06/09/2023 undefined / Institution(s).
4. Franchising of higher education is not allowed."
17. The contention, thus, is that no Deemed University can conduct any course through distance mode without the specific approval of the Joint Committee of UGC, the Apex Regulatory Body and the DEC. In the instant case, the Apex Regulatory Body is the Veterinary Council of India. There is no approval of the Joint Committee of UGC, Veterinary Council of India and DEC to run the Certificate course of Livestock Inspector by Vinayaka Missions University, a Deemed University.
18. Another communication dated 4.8.2001 addressed to the Registrars of the Universities issued by the UGC has been placed by the learned Senior Counsel for the Selection Board to assert that a serious view has been taken by the UGC in awarding degrees by the Universities through various franchise programmes operated by certain private institutions, which are declared as University's Study Centres. The decision of the UGC was communicated Page 20 of 75 Downloaded on : Sat Sep 16 16:18:36 IST 2023 NEUTRAL CITATION C/LPA/1058/2022 CAV JUDGMENT DATED: 06/09/2023 undefined therein that it has decided that no University should be permitted to go for Off-campuses private educational franchise leading to the award of its degrees and no enrollment of students henceforth shall be permitted. All the Universities were directed to stop franchising their degree education through private agencies / establishments with immediate effect.
19. The communication dated 5.10.2007 appended with the affidavit of UGC in Letters Patent Appeal No.1060 of 2022 has further been placed to assert that all Deemed Universities have been directed to run courses under distance mode only with the prior approval of both DEC and UGC. The direction was issued not to run any course started in violation of the above directions and stop them immediately.
20. The letter dated 20.4.2011 of IGNOU (the then Distance Education Council) addressed to the Vice Chancellor, Vinayaka Commissions University, has been placed before us in order to demonstrate that while Page 21 of 75 Downloaded on : Sat Sep 16 16:18:36 IST 2023 NEUTRAL CITATION C/LPA/1058/2022 CAV JUDGMENT DATED: 06/09/2023 undefined granting recognition to programmes through distance education mode, by the Distance Education Council, for a period of three academic years with effect from 2011-12 to 2013-14, it was categorically directed that the territorial jurisdiction for offering programmes through distance mode will be as per the decision taken in the 35 th meeting of the Distance Education Council, wherein it was noted that the territorial jurisdiction in case of deemed universities will be as per UGC, which mandates the prior approval of the UGC for opening Off-Campus Centres / Offshore centres outside the headquarters. One of the conditions to run programmes through distance education mode, as indicated in the said letter in point No. B-9, is to be noted hereunder:
"9. The territorial jurisdiction for offering programmes through distance mode by your institution shall be the head quarters of the University as per the notification of the UGC and as per DEC norms."
21. Reliance is placed on the decision of the Apex Court in the case of Prof. Yashpal & Anr. vs. State of Chhattisgarh & Ors., reported in (2005) 5 SCC 420, by the learned Senior Counsels appearing for the appellants Page 22 of 75 Downloaded on : Sat Sep 16 16:18:36 IST 2023 NEUTRAL CITATION C/LPA/1058/2022 CAV JUDGMENT DATED: 06/09/2023 undefined and the selected candidates, wherein it has been held that the State University imparting education through distance mode cannot travel beyond its territorial jurisdiction. The University established by the Parliament can impart education within the entire territory of India and University established by the State legislature can impart education within the respective State territory only.
22. Further, the provisions of the Indian Veterinary Council Act, 1984 have been relied to assert that the said Act has been enacted to regulate Veterinary practice and to provide, for that purpose, for the establishment of a Veterinary Council of India and State Veterinary Councils and the maintenance of registers of the veterinary practitioners and for matters connected therewith. The Veterinary Council of India established under Section 3 of the Act is empowered to regulate the functioning of 'Veterinary Institution', defined under Section 2(j), which includes any University or other institution within or outside India which grants degrees, diplomas or licences in Veterinary Science and Animal Husbandry. Section 15 Page 23 of 75 Downloaded on : Sat Sep 16 16:18:36 IST 2023 NEUTRAL CITATION C/LPA/1058/2022 CAV JUDGMENT DATED: 06/09/2023 undefined regulates the recognition of Veterinary qualifications granted by Veterinary Institutions in India, which are included in the First Schedule as recognised Veterinary Institution. Sub-section (2) of Section 15 provides that 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. Such veterinary qualification which is included in the First Schedule by a notification published in the Official Gazette shall be a recognised veterinary qualification only when granted after a specified date. The submission is that the definition of Veterinary Institution in Section 2(j) makes it clear that courses like diplomas or licences in Veterinary Science and Animal Husbandry, apart from the degrees being imparted by the Veterinary Institution recognised in the First Schedule are regulated by the Veterinary Page 24 of 75 Downloaded on : Sat Sep 16 16:18:36 IST 2023 NEUTRAL CITATION C/LPA/1058/2022 CAV JUDGMENT DATED: 06/09/2023 undefined Council of India. The First Schedule not only includes the Veterinary Institution defined under Section 2(j) but also conventional universities which are imparting education in Veterinary Science and Animal Husbandry. The veterinary qualifications imparted by them, however, are mentioned in the First Schedule as recognised veterinary qualifications.
23. The contention, thus, is that the petitioners / respondents herein cannot get away by saying that the Veterinary Council of India has given only institutional recognition for offering programmes through distance education mode and the reliance on the communication dated 14.10.2019 by the petitioners / respondents herein, to the information received under the Right to Information Act that One year Certificate / diploma course for Livestock Inspector does not fall within the purview of the India Veterinary Council Act, 1984, is misguided. In any case, from the perusal of the letter dated 20.4.2011 (at page 393 of LPA No.1060/2022), it is evident that the decision to recognise for offering Page 25 of 75 Downloaded on : Sat Sep 16 16:18:36 IST 2023 NEUTRAL CITATION C/LPA/1058/2022 CAV JUDGMENT DATED: 06/09/2023 undefined programmes through distance mode was taken in light of an expert committee report comprising of nominees of UGC, AICTE and DEC, which visited the institution viz. Vinayaka Missions University.
24. Placing the chart comprising of programmes recommended by the expert committee, it was contended by the learned counsel appearing for the UGC that the list of programmes included Certificate course and diploma courses as well. The information supplied to the petitioners / respondents herein by the Section Officer / CPIO of Veterinary Council of India vide communication dated 14.10.2019 is, thus, contrary to the legal provisions. It cannot be argued by the petitioners that the Veterinary Council of India cannot regulate one year certificate / diploma course for Livestock Inspector.
25. In the affidavit filed by the Vinayaka Missions University - respondent No.39 herein, reference has been made to a letter dated 28.2.2007, appended at page '732' of the writ petition (SCA No.16982/2019), to assert that Page 26 of 75 Downloaded on : Sat Sep 16 16:18:36 IST 2023 NEUTRAL CITATION C/LPA/1058/2022 CAV JUDGMENT DATED: 06/09/2023 undefined Vinayaka Missions University is recognised by the Distance Education Council of IGNOU for running distance education courses. The affidavit of Vinayaka Missions University in LPA No.1060/2022 has been placed before us to assert that the stand of the University relying upon the letter dated 28.2.2007 that it is recognised by the Distance Education Council of IGNOU for running programmes through distance mode, has to be seen in light of the aforesaid communication of DEC.
26. It was urged that as regards the method of imparting education through distance mode for diploma / certificate course of Livestock Inspector, though it is stated in the affidavit of the University that the petitioners had undergone the course of Livestock Inspector with practical, theory and field work as per the syllabus, but nothing has been mentioned therein as to how and in what manner hands-on-training through practical and field work was imparted to the petitioners / respondents herein.
Page 27 of 75 Downloaded on : Sat Sep 16 16:18:36 IST 2023
NEUTRAL CITATION C/LPA/1058/2022 CAV JUDGMENT DATED: 06/09/2023 undefined
27. It is, thus, vehemently argued by the learned counsel appearing for the UGC that the certificate course of Livestock Inspector possessed by the petitioners / respondents herein cannot be said to be a recognised course, to be offered through distance mode by the Vinayaka Missions University, with the joint approval of the UGC, DEC and the Regulatory Body, which is 'the Veterinary Council of India', in the instant case. The exclusion of the petitioners from their final select list, therefore, cannot be said to suffer from any error of law.
28. Reliance is placed on the decision of the High Court of Punjab and Haryana in the case of Kuldeep vs. State of Haryana and others in CWP No.25485 of 2015 (O & M), dated 17.5.2017 with regard to the diploma course in Livestock Assistant imparted by Vinayaka Missions University through distance mode. The Division Bench of the High Court therein has held that the power to recognise a diploma or certificate for providing 'Minor Veterinary Services' is exclusively vested in the State Government except where such power has been exercised Page 28 of 75 Downloaded on : Sat Sep 16 16:18:36 IST 2023 NEUTRAL CITATION C/LPA/1058/2022 CAV JUDGMENT DATED: 06/09/2023 undefined by the Veterinary Council of India. The Veterinary services, such as vaccination, castration and dressing of wounds, etc. are included in the 'Minor Veterinary Services'. The diploma or certificate relied upon by the petitioners therein were found to be not recognised by the Veterinary Council of India. While answering the question that who is the competent authority to recognise such diploma for the purposes of 'Minor Veterinary Services', it was held therein that the power to recognise a qualification in Veterinary Science is exclusively vested with the Veterinary Council of India and not UGC. The Veterinary Council of India being a statutory body at par with any other professional authority, like Medical Council of India, Dental Council of India or even UGC, alone is competent to recognise the qualification in Veterinary Sciences in view of the express power conferred upon it under Section 15 of the Indian Veterinary Council Act, 1984. It was held therein that recognition of diploma courses in the Veterinary Sciences need not be confused with recognition of the Universities Page 29 of 75 Downloaded on : Sat Sep 16 16:18:36 IST 2023 NEUTRAL CITATION C/LPA/1058/2022 CAV JUDGMENT DATED: 06/09/2023 undefined who are said to have imparted these diplomas. The Universities may have recognition as Deemed Universities under Section 3 of the UGC Act, but the diploma courses imparted by them cannot be validated unless such course is further recognised by Veterinary Council of India in exercise of its powers under Section 15 of the Act.
29. Further, reliance is placed on the recent decision of the Apex Court in the case of Vinit Garg & Ors. vs. University Grants Commission & Ors., reported in (2021) 12 SCC 416, to argue that the prior approval of UGC as well as DEC for setting up of Off-campus Centre(s)/Institution(s)/Off-Shore Campus and Starting Distance Education Programmes by the Deemed Universities', The UGC (Institution deemed to be Universities), Regulation, 2010, has been issued by the UGC, which deals with the procedure to be followed by Deemed to be Universities offering distance education programmes. There is nothing on record that approval has been taken by the Vinayaka Missions University to Page 30 of 75 Downloaded on : Sat Sep 16 16:18:36 IST 2023 NEUTRAL CITATION C/LPA/1058/2022 CAV JUDGMENT DATED: 06/09/2023 undefined run the One year Certificate course of Livestock Inspector through distance mode by opening study centre / Off- campus centre beyond its territorial jurisdiction nor it could be demonstrated that the writ petitioners / respondents herein were imparted education to complete the course by undertaking practical and field training, to acquire skill of the job.
30. Placing reliance on the decision of the Apex Court in the case of Maharashtra Public Service Commission through its Secretary vs. Sandeep Shriram Warade & Ors., reported in (2019) 6 SCC 362, it was argued that the Court cannot lay down the conditions of eligibility nor can it delve into the issue with regard to desirable qualifications being at par with the essential eligibility by an interpretative re-writing of the advertisement. The qualification prescribed under Rules 2017 of Certificate of Livestock Inspector course of one year duration obtained from any of the universities established or incorporated under the Central or the State Act in India or any other education institution Page 31 of 75 Downloaded on : Sat Sep 16 16:18:36 IST 2023 NEUTRAL CITATION C/LPA/1058/2022 CAV JUDGMENT DATED: 06/09/2023 undefined recognised, as such, or declared to be Deemed University under Section 3 of the UGC Act, will not include the Certificate course imparted by Vinayaka Missions University through distance mode, as a Deemed to be University in view of the above noted facts. The requisite qualifications mentioned in the advertisement which are at par with the Recruitment Rules, 2017, therefore, cannot be said to be fulfilled in the facts and circumstances of the instant case. The submission, thus, is that the learned Single Judge has erred in law in ignoring the above aspects of the matter while allowing the writ petitions.
31. Shri Shalin Mehta, learned Senior Counsel assisted by Shri B.H. Kher, learned counsel appearing on behalf of the selected candidates in the final select list, who are waiting for appointment to the post of Livestock Inspector, has adopted and added to the arguments of the learned Senior Counsel appearing for the Selection Board, by relying upon the decision of the Apex Court in Prof. Yashpal (supra), to assert that Vinayaka Missions Page 32 of 75 Downloaded on : Sat Sep 16 16:18:36 IST 2023 NEUTRAL CITATION C/LPA/1058/2022 CAV JUDGMENT DATED: 06/09/2023 undefined University could not have conducted the Certificate course of Livestock Inspector through distance education mode beyond its territorial jurisdiction.
32. Shri T.R. Mishra, learned counsel for the respondents - writ petitioners, in rebuttal, would submit that the Certificate Course of Livestock Inspector cannot be termed as technical or professional programme as agitated by the appellants and the UGC. A letter dated 17.06.2006 issued by the Joint Secretary, UGC, replying to the query made by the President of the trust, namely, Lord Shri Krishna Trust, Gujarat, has been placed wherein it is stated that being a Deemed University, Vinayaka Missions University is empowered to award its own degrees. It was urged that so far as decree courses are concerned, a University or Deemed University can award degrees as is specified by UGC under Section 22 of the UGC Act. Regarding diploma programmes, there is no provision under the UGC Act to grant recognition to specified diploma courses and as such, such courses are out of purview of the UGC. The definitions of "higher Page 33 of 75 Downloaded on : Sat Sep 16 16:18:36 IST 2023 NEUTRAL CITATION C/LPA/1058/2022 CAV JUDGMENT DATED: 06/09/2023 undefined education" and "professional programmes" defined in the regulation known as the Universities Grants Commission (Open and Distance Learning) Regulations, 2017, has been placed before us to assert that the higher education has been defined therein as the education imparted by means of conducting regular classes or through distance education mode. The Regulations, 2017 have been framed by the UGC to provide for the minimum standard of instructions for grant of degree at the undergraduate and post graduate levels, through open and distance learning mode. The "professional programmes" are defined therein as the programmes other than programmes in engineering, medicine, dental, pharmacy, nursing, architecture, physiotherapy and programmes not permitted to be offered in distance mode by the Statutory Councils or Regulatory Authorities, to be conducted by the Higher Education Institutions under open and distance learning mode or distance education mode for the purpose of the regulation.
33. It was contended that the One year Certificate Page 34 of 75 Downloaded on : Sat Sep 16 16:18:36 IST 2023 NEUTRAL CITATION C/LPA/1058/2022 CAV JUDGMENT DATED: 06/09/2023 undefined course of distance education mode will not fall within the meaning of "professional programmes" defined in Regulation 2(p) of the Regulations, 2017. Under the Recruitment Rules, the minimum qualification for Livestock Inspector is Xth plus and the Certificate Course, whereas 'professional programmes' or technical programmes are always imparted after XIIth Standard as per the Regulations of UGC. Reliance is placed on the communication dated 15.10.2019 of the Section Officer / CPIO, Veterinary Council of India under the Right to Information Act, to assert that it was categorically stated therein that the Veterinary Council of India regulates Bachelor courses in Veterinary Science and Animal Husbandry under the provisions of the Indian Veterinary Council Act, 1984 and One year Certificate/diploma course for Livestock Inspector does not come within the purview of the Indian Veterinary Council Act, 1984. There was, thus, no occasion for the Vinayaka Missions University to seek permission of Veterinary Council of India to run the course.
Page 35 of 75 Downloaded on : Sat Sep 16 16:18:36 IST 2023
NEUTRAL CITATION C/LPA/1058/2022 CAV JUDGMENT DATED: 06/09/2023 undefined
34. The communication dated 09.09.2019 of the UGC addressed to the Director of Animal Husbandry, Gujarat State, Gandhinagar, has been relied to assert that the erstwhile Distance Education Council granted ex-post facto institutional recognition to the programmes offered by the Vinayaka Missions University through distance education mode upto the Academic year 2005. The District Education Council further granted "institutional recognition" to the University for a period of five years with effect from 28.02.2007. The recognition given to the University for the aforementioned period was 'institutional' and not to any specific programme. The contention is that since institutional recognition granted to the Vinayaka Missions University by the Distance Education Council was operational in the year 2011 when the writ petitioners had undertaken One year Certificate course of Livestock Inspector, their certificates cannot be said to be invalid.
35. It is further argued that the Apex body of Vinayaka Page 36 of 75 Downloaded on : Sat Sep 16 16:18:36 IST 2023 NEUTRAL CITATION C/LPA/1058/2022 CAV JUDGMENT DATED: 06/09/2023 undefined Missions University has passed the resolution for approval of programmes such as Diploma in Veterinary Pharmacy, Diploma in Livestock Assistant and Certificate in Livestock Inspector conducted through distance mode. The resolution dated 21.05.2005 of the Academic Council and the approval of the same by the Board of Management on 30.07.2005 has been placed before us to assert that the Diploma / Degree courses are not specified by UGC and the University is empowered to run diploma/ certificate course with the approval of its governing council/statutory council, whenever required.
36. A letter dated 16.05.2013 of the Ministry of Human Resource Development has been placed to assert that DEC (Distance Education Council) of IGNOU was dissolved and it was provided that the role of DEC of IGNOU and its all responsibility will now be performed by UGC and AICTE as envisaged in their respective Acts, with immediate effect. All India Council for Technical Education namely 'AICTE' is Apex body regulating the technical education and technical institution as defined Page 37 of 75 Downloaded on : Sat Sep 16 16:18:36 IST 2023 NEUTRAL CITATION C/LPA/1058/2022 CAV JUDGMENT DATED: 06/09/2023 undefined under the Act. In any case, upto the year 2012, IGNOU was the competent authority as per Statute - 28 of the IGNOU Act, to regulate distance mode of learning. All the writ petitioners - respondents herein having passed diploma / certificate course prior to the year 2011, at the point of time when IGNOU was the competent authority regulating distance education mode, any reliance on the subsequent communications of the UGC with regard to the requirement of taking approval from it, would be applicable with effect from 01.05.2013, the date of issuance of the notification repealing Statute-28 of the IGNOU Act and dissolution of the Distance Education Council of IGNOU thereby.
37. The attention of the Court is invited to a Notification dated 01.03.1995 (at page 149 of the paper book), to argue that the Ministry of Human Resource Development, Department of Education, New Delhi had issued the said notification on the recommendation of the Board of Assessment for Educational Qualifications and notified that the Government of India has decided that all the Page 38 of 75 Downloaded on : Sat Sep 16 16:18:36 IST 2023 NEUTRAL CITATION C/LPA/1058/2022 CAV JUDGMENT DATED: 06/09/2023 undefined qualifications awarded through distance mode by the University established by an Act of Parliament or State Legislature, Deemed to be Universities under Section 3 of the UGC Act and Institution of National Importance declared under an Act of Parliament, stands automatically recognized for the purpose of employment to posts and services under the Central Government, provided it has been approved by the Distance Education Council, IGNOU.
38. A Government Resolution dated 16.01.1978 issued by Government of Gujarat (at page '150' of the paper book) has been placed before us in order to demonstrate that no formal orders recognizing such degrees/diploma, issued by the Universities in India incorporated under the Central or State Legislature, declared to be Deemed University under the UGC Act, for the purpose of employment under the State Government is required. Such degrees/diplomas are to be recognized automatically.
Page 39 of 75 Downloaded on : Sat Sep 16 16:18:36 IST 2023
NEUTRAL CITATION C/LPA/1058/2022 CAV JUDGMENT DATED: 06/09/2023 undefined
39. Placing the letter issued by the Agriculture and Cooperation Department, Secretariat, Gandhinagar, dated 09.06.2009, it was urged that by the said letter, the certificate courses issued by the Vinayaka Missions University have been recognized. It was directed therein that against the available vacancies, recommendation to appoint candidates having pursued Livestock Inspector Course from Vinayaka Missions University shall be made, in view of the approval granted by the Principal Secretary, Agriculture and Cooperation Department, noticing that Vinayaka Missions University was recognized by the Distance Education Council and its degrees and diplomas have to be considered valid for the purpose of recruitment.
40. It is, thus, argued that, in the past, appointment letters have been issued by the Government of Gujarat to the candidates who passed Certificate course of Livestock Inspector from Vinayaka Missions University. All those candidates who have passed the said certificate course upto the year 2012 have been issued appointment letters Page 40 of 75 Downloaded on : Sat Sep 16 16:18:36 IST 2023 NEUTRAL CITATION C/LPA/1058/2022 CAV JUDGMENT DATED: 06/09/2023 undefined and are working even today.
41. The affidavit of Vinayaka Missions University filed in the appeal has been pressed into service to assert that the University has taken a stand that the course of Livestock Inspector is not included as technical course and letter in this regard issued by the AICTE has been relied therein to assert that the University was having authority to run the Certificate course. No permission of UGC was further required as the University can run diploma/certificate courses with the approval of its Governing council which was duly granted.
42. The syllabus and practical training details of the certificate course in Livestock Inspector from page '242 to 264' of the paper-book have been relied to submit that all the writ petitioners have completed the course by undertaking practical and field training, which was having 50 marks and of two months duration; respectively. The specific submission is that all the petitioners had undertaken practical classes in the Page 41 of 75 Downloaded on : Sat Sep 16 16:18:36 IST 2023 NEUTRAL CITATION C/LPA/1058/2022 CAV JUDGMENT DATED: 06/09/2023 undefined institution being run by the Vinayaka Missions University within its territorial jurisdiction and there is no Study Center of the university beyond its territorial jurisdiction, wherein the said course of study, comprising of theory, practical and field work, field training had been imparted. All the writ petitioners herein, according to the submission of the learned counsel for the petitioners, had undertaken classes for practical course in the main campus of the institution run by Vinayaka Missions University, within the boundaries of its territorial jurisdiction.
43. Insofar as the decision of the Punjab and Haryana High Court relied by the appellants, it was argued that the issue in the said case was altogether different and, as such, the said decision is distinguishable. About the interim order passed by the Division Bench of this Court in Letters Patent Appeal No.1911 of 2007, placed by the appellants, it was urged that the question therein was about equivalency of the course and the Recruitment Rules of the year 1973, which were altogether different. Page 42 of 75 Downloaded on : Sat Sep 16 16:18:36 IST 2023
NEUTRAL CITATION C/LPA/1058/2022 CAV JUDGMENT DATED: 06/09/2023 undefined
44. With these submissions, it was argued by Shri Mishra, learned counsel for the writ petitioners, in sum and substance, that the Certificate course in Livestock Inspector possessed by the writ petitioners cannot be discarded on the ground that the Vinayaka Missions University did not have approval to run the said course through distance mode without the approval of UGC and Veterinary Council of India. It was vehemently argued that the Veterinary Council of India, in any case, has no role to play in the entire scenario. At no point of time either in the year 2011 or presently, the University was / is required to seek approval of the Veterinary Council of India to run One year Certificate course in Livestock Inspector through distance mode. The submission, thus, is that the learned Single Judge cannot be said to have committed any error of law in considering the qualification of Livestock Inspector Certificate imparted by the Vinayaka Missions University as a valid qualification, in accordance with the Recruitment Rules and holding the writ petitioners entitled to be appointed Page 43 of 75 Downloaded on : Sat Sep 16 16:18:36 IST 2023 NEUTRAL CITATION C/LPA/1058/2022 CAV JUDGMENT DATED: 06/09/2023 undefined to the post of Livestock Inspectors, pursuant to the advertisement in question. The appeals in this bunch are, thus, liable to be dismissed.
45. The learned counsel appearing for the Vinayaka Missions University has supported the stand of Shri Mishra, learned counsel appearing for the writ petitioners and relied on the contents of the affidavit filed by the Registrar of University, to defend the judgment impugned.
46. Heard learned counsels appearing for the parties and perused the record.
47. Considering the submissions of the learned counsel for the parties, the question which came up for consideration before us is as to whether the Vinayaka Missions University is justified in imparting One year Certificate course of Livestock Inspectors, only with the approval of Academic Council and the Board of Management of the University, without permission of the UGC and recognition of the course by the Distance Page 44 of 75 Downloaded on : Sat Sep 16 16:18:36 IST 2023 NEUTRAL CITATION C/LPA/1058/2022 CAV JUDGMENT DATED: 06/09/2023 undefined Education Council and the Indian Veterinary Council. To answer this question, we are required to go through the provisions of the UGC Act, regulations framed thereunder, and the Indian Veterinary Council Act, 1984, in order to ascertain the role of the statutory bodies in the matter of approval and recognition.
48. Vinayaka Missions University, a Deemed University is established under Section 3 of the UGC Act, 1956. Section 3 provides for establishment of an Institution for higher education, other than the University declared by the Central Government by notification, as Deemed to be University for the purpose of UGC Act. On such a declaration being made, all the provisions of the UGC Act, 1956, shall apply to such institution as if it were a University within the meaning of Clause (f) of Section 2. Section 26(1), Clause (f) and (g) empowers UGC to make regulations consistent with the Act and the Rules thereunder for the purpose of : -
"(f) defining the minimum standards of instruction for the grant of any degree by any University;
(g) regulating the maintenance of standards and the co-Page 45 of 75 Downloaded on : Sat Sep 16 16:18:36 IST 2023
NEUTRAL CITATION C/LPA/1058/2022 CAV JUDGMENT DATED: 06/09/2023 undefined ordination of work or facilities in Universities."
49. In exercise of the powers conferred under Clause (f) and Clause (g) of sub-section (1) of Section 26 of the UGC Act, 1956, the regulation known as UGC (Institution deemed to be Universities), Regulation, 2010 (the 'Regulations, 2010' for short) were notified on 21.05.2010. The preamble of Regulations, 2010 states that the said regulations have been framed to regulate in orderly manner, the process of declaration of institutions as Deemed to be Universities; preventing institutions of dubious quality from being so declared; and further to maintain quality of higher education imparted by institutions Deemed to be Universities consistent with the ideals of the concept of a university. The words "Campus" and "Off-campus Centre" are defined in Clause 2.02 of the Regulations, 2010 to mean :-
"2.02. "Campus" means Campus of the institution Deemed to be University at its headquarters, wherein its major facilities, faculty, staff, students and its Academic Departments are located in a city/ town / village in India. While 'off-shore Campus centre' means an approved (by the Central Government) centre of the institution Deemed to be University beyond its Campus in the country; an 'off-shore Campus' means an Page 46 of 75 Downloaded on : Sat Sep 16 16:18:36 IST 2023 NEUTRAL CITATION C/LPA/1058/2022 CAV JUDGMENT DATED: 06/09/2023 undefined approved (by the Central Government) centre of the institution Deemed to be University beyond its Campus and outside India."
50. Clause 12.01 of Regulations, 2010 provides that an institution Deemed to be University shall normally operate within its own main Campus as is declared by the Central Government in the notification and conduct approved programmes of study falling within the area of its specialization. Clause 12.02, however, provides that in the case if an institution Deemed to be University wishes to start a new Department dealing with a subject which is not in the field of its specialization or in an allied field", it may do so only if that field is covered under the objectives for which the institution Deemed to be University was established, and with the prior approval of the Commission. Clause 12.03 further provides the condition under which an institution Deemed to be University may be allowed to operate beyond its approved geographical boundaries and start Off-campus(es) / Off- shore Campus(es). The conditions relevant for the controversy at hand are as under : -
Page 47 of 75 Downloaded on : Sat Sep 16 16:18:36 IST 2023
NEUTRAL CITATION C/LPA/1058/2022 CAV JUDGMENT DATED: 06/09/2023 undefined "12.03.1 It has been in existence as an institution Deemed to be University for a minimum period of three years 12.03.2 xxx 12.03.3 xxx 12.03.4 xxx 12.03.5 It has obtained prior approval of the Statutory/ Regulatory body to start the new department / programme, wherever applicable, and undertakes to comply with all the requirements of the said body;
12.03.6 xxx 12.03.7 It has adequate financial resources for starting the proposed new department/ Off-campus Centre/off-
shore Campus;
12.03.8 It has not entered into any franchise agreement, either overtly or covertly, with any other organization for establishing and running the Off- campus Centre / off-shore Campus of the institution Deemed to be University.
12.04 A new Department in the Campus or in the approved Off-campus Centre shall be established by an institution Deemed to be University only with the prior approval of the Commission.
12.05 An Off-campus Centre shall be established by an institution Deemed to be University with the prior approval of the Central Government, on the recommendation of the Commission. The Central Government shall also consider the views of the State / UT Government concerned where the Off-campus Centre is proposed to be established.
12.06 An off-shore Campus of an institution Deemed to be University shall be established with the prior permission of the Central Government, on the recommendation of the Commission :
Provided that the country, where such off-shore Campus is proposed to be established, requires grant of approval by it for such establishment, then the Page 48 of 75 Downloaded on : Sat Sep 16 16:18:36 IST 2023 NEUTRAL CITATION C/LPA/1058/2022 CAV JUDGMENT DATED: 06/09/2023 undefined application to the Central Government for permission shall be made along with the approval granted by that country:
Provided further that if the country where such off- shore Campus is proposed to be established requires prior concurrence of the Government of India for the approval, referred to in the first proviso, of that country to be granted, then the Central Government, on the recommendation of the UGC, may give a 'No Objection' to the proposal but such 'No Objection' shall not be construed as permission of the Central Government to the institution Deemed to be University to establish an off-shore Campus. Such an institution Deemed to be University shall also submit an undertaking that it shall comply with all laws, norms or standards prescribed by that country where the off-shore Campus is proposed to be established.
12.07 An institution Deemed to be University intending to start a new Off-campus Centre / off-shore Campus shall apply to the Government of India in the prescribed proforma at least six months prior to the proposed date of starting the Centre / off-shore Campus. The Government of India shall forward the proposal to the Commission for its advice. In case of establishment of a new Department in the Campus or an approved Off-campus Centre, the application in the prescribed format shall be sent directly to the Commission.
12.08 The Commission shall cause to be undertaken a spot visit / verification of the proposed Off-campus(es) and off-shore Campus(es) to verify the infrastructure facilities, programmes, faculty, financial viability, etc. before sending its advice to the Central Government. In case of a proposal for establishment of a new Department, the Commission shall arrive at a decision after the spot visit.
12.09 xxx 12.10 The Off-campus Centre / off-shore Campus shall have adequate academic and physical infrastructure facilities as per the norms and standards prescribed by the Commission and the Statutory / Regulatory body concerned. Such facilities shall be proportionate to the size and activities of the Off-campus Centre / off-shore Page 49 of 75 Downloaded on : Sat Sep 16 16:18:36 IST 2023 NEUTRAL CITATION C/LPA/1058/2022 CAV JUDGMENT DATED: 06/09/2023 undefined Campus. The off-shore Campus of the institution Deemed to be University shall also comply with all norms and standards of the country in which it is established:
12.11 The Off-campus Centre/ off-shore Campus shall be directly administered by the parent institution Deemed to be University in matters of admission, instruction, evaluation, conferring of degrees, etc. In case of the off-shore. Campus, lease in the name of the institution Deemed to be University may be acceptable (as per the procedure of the country in which such off-
shore campus is proposed to be established). In case lease is not permissible in any particular country, land and other assets in the name of a Strategic Partner shall be accepted. For this, the institution Deemed to be University shall have a duly registered MOU / collaboration with the Strategic Partner which shall be governed in accordance with the law for the time being in force, in India.
12.12 The new Department / Off-campus Centre / off- shore Campus shall offer only those programmes of study which are approved by the appropriate bodies of the institution Deemed to be University and the statutory / regulatory body concerned such as All India Council for Technical Education (AICTE), Medical Council of India (MCI), Dental Council of India (DCI), Pharmacy Council of India (PCI), National Council for Teachers Education (NCTE), Bar Council of India (BCI), Indian Nursing Council (INC), etc. wherever applicable. In case of any new or existing institution of higher learning proposed to be brought under the ambit as a constituent unit of any existing institution Deemed to be University, only those students who were admitted in such institutions on a date subsequent to the date of notification of the declaration under Section 3 of the UGC Act 1956 in regard to bringing the institution under the ambit of the existing institution Deemed to be University, shall be eligible for being examined by the institution Deemed to be University and therefore, for the award of degree or any other qualification by the institution Deemed to be University on successful completion of their respective courses or programmes of study.
12.13 xxx Page 50 of 75 Downloaded on : Sat Sep 16 16:18:36 IST 2023 NEUTRAL CITATION C/LPA/1058/2022 CAV JUDGMENT DATED: 06/09/2023 undefined 12.14 The over-all performance of an Off-campus Centre / off-shore Campus shall be monitored by the Commission biennially for six years and subsequently after five years and whose directions on management, academic development and improvement shall be binding on the Campus.
12.15 If the functioning of the Campus/Off-campus Centre of an institution Deemed to be University does not meet the standards stipulated by the Commission and remains unsatisfactory for two consecutive reviews, as assessed by the Commission, the institution Deemed to be University may be instructed by the Central Government, on advice of the Commission, to close down the Off-campus Centre / Campus concerned. The Commission may initiate action against erring institutions deemed to be universities even on the basis of complaints received against such Centres / Campuses. In the interest of the students, the Commission may allow the Centre / Campus to function till the last batch of students enrolled therein, as on the date of such instruction passes out. The institution Deemed to be University shall take appropriate steps to safeguard the interests of the faculty/staff at the Centre / Campus. In the event of closure of the Centre / Campus, the assets and liabilities thereof shall revert to the institution Deemed to be University. 12:16 The Commission may give an 'in-principle No Objection' to the institution Deemed to be University for establishing an Off-campus Centre, wherever required by the Statutory Councils, if the Commission is so satisfied about the viability of the proposal; but such "No Objection" shall not be construed as permission of the Commission to the institution Deemed to be University to establish an Off-campus Centre. In all such cases, formal proposal(s) shall be examined by the under these Regulations. The institution deemed to be universities shall not admit student(s) to its course(s) in such Off-campus Centre(s) before the permission is granted by the Commission to such proposal(s)."
51. In the field of open and distance learning, regulatory Page 51 of 75 Downloaded on : Sat Sep 16 16:18:36 IST 2023 NEUTRAL CITATION C/LPA/1058/2022 CAV JUDGMENT DATED: 06/09/2023 undefined function was initially conducted by the Indra Gandhi National Open University (IGNOU) vide notification dated 17.06.2013 of UGC. The regulatory functions with regard to Open and Distance Learning System was transferred from IGNOU to UGC, which, in turn, is being controlled by the Distance Education Bureau (DEB) of the UGC. Meaning thereby, for imparting courses / programmes through distance education mode, approval of the erstwhile DEC, IGNOU till 2013 and, thereafter, approval of UGC was / is mandatory for any University. The education through distance learning mode, who governed by the UGC (Open & Distance Learning) Regulation, 2017, as amended upto the date, which is now replaced by the Regulation, 2020. As regards imparting education through distance mode, i.e. through off-campus or off- shore campus located elsewhere in the country beyond the territorial limits of University, approval of UGC is necessary, as per the said regulations.
52. By a notification dated 09.08.2001, UGC warned Universities not to conduct courses through various Page 52 of 75 Downloaded on : Sat Sep 16 16:18:36 IST 2023 NEUTRAL CITATION C/LPA/1058/2022 CAV JUDGMENT DATED: 06/09/2023 undefined franchises operated by certain private institutions. The direction was issued to all the Universities to stop franchising, their degree education through private agencies / establishments with immediate effect. Another notification dated 13.05.2003 was sent to the Vice Chancellor / Head of Institution of all the Universities including Deemed Universities to limit distance education to neighbourhood locations or at the most within State. With the letter dated 16.03.2004, it was intimated to the Vice Chancellor of the Universities to obtain prior approval for opening academic centres, study centres, Off-campus etc. required for imparting distance education. Vide notification dated 05.10.2007, it was intimated to all the Deemed Universities that strict compliance for prior approval of UGC was to be adhered to for opening any Study centre. It was intimated that no technical course in the field of engineering / medical and para-medical through distance mode, can be operated. The categorical direction therein was that courses run under distance mode by the Deemed to be Universities Page 53 of 75 Downloaded on : Sat Sep 16 16:18:36 IST 2023 NEUTRAL CITATION C/LPA/1058/2022 CAV JUDGMENT DATED: 06/09/2023 undefined should have prior approval of both the Distance Education Council and University Grants Commission. Any course started in violation of the said norm should be stopped immediately. By subsequent letters sent by UGC between the year 2008 to 2014 appended with the affidavit filed by UGC, the above requirements were reiterated. UGC had also issued public notices to create awareness amongst public in order to curb menace of programme offered through franchise arrangement with private coaching institutions, in the name of open and distance learning. The clarification dated 19.07.2016 was issued by the UGC clarifying that a University (including Deemed University) shall operate within the territorial jurisdiction of the State only and open and distance learning programmes cannot be imparted outside the territorial jurisdiction of the State.
53. From the above noted statutory provisions, it is evident that a Deemed to be University established under section 3 of the UGC Act, 1956, governed by the Regulation, 2010 could impart education in the field of its Page 54 of 75 Downloaded on : Sat Sep 16 16:18:36 IST 2023 NEUTRAL CITATION C/LPA/1058/2022 CAV JUDGMENT DATED: 06/09/2023 undefined specialization or in an allied field, through its main campus located in the city / town / village in India or through "Off-campus Centre" approved by the Central Government as Centre of the institution Deemed to be University beyond its campus in the country , or "off- shore campus approved by the Central Government as centre of the institution Deemed to be University beyond its campus and outside India." Clause 12.02 of Regulation, 2010 puts a rider for institution Deemed to University to start a new department dealing with a subject, which is not in the field of its specialization or in an allied field, without the prior approval of the Commission and that too, only if that field is covered under the objectives for which such institution has been established. The conditions to operate beyond its approved geographical boundaries and start Off-campus / off-shore campus has been narrated above, which require prior approval of the statutory / regulatory body to start a new department / programmes, wherever applicable.
54. As noted above, Clause 12.04 clearly provides that a Page 55 of 75 Downloaded on : Sat Sep 16 16:18:36 IST 2023 NEUTRAL CITATION C/LPA/1058/2022 CAV JUDGMENT DATED: 06/09/2023 undefined new department in the Campus or in the approved Off- campus Centre shall be established by an institution Deemed to be University only with the prior approval of the Commission (UGC).
55. For recognition of programmes through distance education mode, reliance is placed on two documents / communications dated 28.02.2007 and 20.04.2011 of the IGNOU addressed to the Vinayaka Missions University. Placing the communication dated 28.02.2007, it was submitted by the learned counsel for the petitioners as also for the Vinayaka University that on the recognition of the Expert Committee which visited the University on 04.02.2007, the Distance Education Council has granted recognition to the courses under offer by the Faculty of Distance Education of the University through the distance mode for a period of 5 years, w.e.f. the date of issue of the said letter, subject to the quality enhancement measure mentioned therein. It is submitted that by means of the communication dated 20.04.2011, the expert committee comprising of UGC, AICTE, DEC Page 56 of 75 Downloaded on : Sat Sep 16 16:18:36 IST 2023 NEUTRAL CITATION C/LPA/1058/2022 CAV JUDGMENT DATED: 06/09/2023 undefined granted recognition offering programme through distance education mode for the period of three academic years 2011-12 to 2013-14. We may note, at this juncture, that amongst various programmes recommended and approved by the Distance Education Council in its 38th meeting, under the recommendation of the expert committee, as noted above, One year Certificate course of Livestock Inspectors, was not included. We may further note that out of 49 course mentioned in the table in the communication dated 20.04.2011, the Certificate course of Library and Information Science, Diploma Courses of Business Management, Business Administration, Material Management, Marketing Management, Catering Technology, Computer Application, Information Technology, Hospital and Health Management, Medical Lab Technology, Yoga Science and certificate in Medical Lab Technician, were included.
56. Further contention of the learned counsel for the petitioners and also for the Vinayaka Missions University is that as per the recognition policy of DEC, appended at Page 57 of 75 Downloaded on : Sat Sep 16 16:18:36 IST 2023 NEUTRAL CITATION C/LPA/1058/2022 CAV JUDGMENT DATED: 06/09/2023 undefined page '73' and '74' of the paper-book, DEC does not give approval to the programme but only to the institutions to run courses / programmes, through distance education mode, as approved by the statutory bodies of the Universities. The approval from the concerned Apex / Regulatory body is required only in the case of technical / professional programmes offered by the University through distance education Mode. Vinayaka Missions University is one of the University mentioned in the list of Universities / Institutions approved by the DEC, in its 28 th meeting held on 23.03.2007. It was sought to be demonstrated that ex-post facto approval was granted to the programmes being run by the Vinayaka Missions University up till year 2005 and further approval for five years from February, 2007 till the year 2012, was granted. The submission is that once institutional recognition was granted to Vinayaka Missions University to run courses / programmes through distance education mode, it was competent to conduct the course with the approval of its authorities namely the Academic Council Page 58 of 75 Downloaded on : Sat Sep 16 16:18:36 IST 2023 NEUTRAL CITATION C/LPA/1058/2022 CAV JUDGMENT DATED: 06/09/2023 undefined and the Board of Management. The submission is, thus, that the approval of the programme "Certificate in Livestock Inspectors conducted through distance education mode" of the University by the Academic Council and the Board of Management in the year 2005, is sufficient compliance of the provisions of the UGC Act. Moreover, the University Grant Commission in the "FAQs (Frequently Asked Questions) has notified that the diploma / certificate course are not specified by the UGC and the Universities can run diploma / certificate courses with the approval of its Governing Council / Statutory Councils, wherever require.
57. Testing the above submissions of the learned counsel for the petitioners, as endorsed by the learned counsel for Vinayaka Missions University, it is relevant to note that for running a programme through distance education mode, there was a requirement of opening the study centre / Off-campus centre with the adequate infrastructure under the approval of the Central Government / UGC by an institution Deemed to Page 59 of 75 Downloaded on : Sat Sep 16 16:18:36 IST 2023 NEUTRAL CITATION C/LPA/1058/2022 CAV JUDGMENT DATED: 06/09/2023 undefined University, to cross its geographical boundaries or go Off- campus as noted from the various clauses of the Regulations, 2010. It is admitted to the Counsel for the petitioners that the petitioners did not study in any of the Off-campus centre / study centre, being run by Vinayaka Missions University within the territory of the State of Gujarat or outside the territorial limit of Vinayaka Missions Universities, Samel, Tamil Nadu. There is no clarity as to how and in what manner, One year Certificate course was conducted by Vinayaka Missions University through distance education mode after the approval of its Statutory Councils namely the Academic Council and the Board of Management.
58. Vague averments have been made in the affidavit filed on behalf of Registrar / Controller of Examination / Director of Vinayaka Missions University, Salem, Tamil Nadu that the petitioners, in this group of writ petitions, have undergone the course of Livestock Inspectors with practical, theory and filed training as per the syllabus. The writ petitions are silent about the manner in which Page 60 of 75 Downloaded on : Sat Sep 16 16:18:36 IST 2023 NEUTRAL CITATION C/LPA/1058/2022 CAV JUDGMENT DATED: 06/09/2023 undefined the petitioners have completed One year course study of the Certificate of Livestock Inspector, which included not only theory but practical and field training in the syllabus. There is no categorical statement in the writ petition that any of the writ petitioners herein had completed requisite course of study in theory in the main campus of Vinayaka Missions University or in any study centre / Off-campus centre. There is no detail of practical and field training attained by any of the petitioners herein. Only submission of the writ petitioners is that having passed One year Certificate course of Livestock Inspector, after passing 10th standard examination, they cannot be excluded from the zone of consideration on the premise that the Certificate course through distance education mode was not approved by the UGC, or the Distance Education Council.
59. In view of the aforesaid, it is difficult to ascertain as to how and in what manner, the Certificate course of study was imparted by Vinayaka Missions University, insofar as the writ petitioners herein are concerned, who Page 61 of 75 Downloaded on : Sat Sep 16 16:18:36 IST 2023 NEUTRAL CITATION C/LPA/1058/2022 CAV JUDGMENT DATED: 06/09/2023 undefined stated to have completed the course through distance education mode.
60. In absence of the details with regard to the manner in which a Certificate course can be conducted through distance education mode by an institution Deemed to be University within the meaning of Section 3 of the UGC Act, we are of the considered view that requirement of imparting courses / programmes through Off-campus study centre by Vinayaka Missions University, a Deemed to be University as per the Regulation, 2010, has not been fulfilled. Admittedly, no Off-campus study centre has been established by Vinayaka Missions University beyond its "campus" in the Country, under the approval of the Central Government. No approval has been granted by the UGC as indicated in the letter dated 20.04.2011. As regards the letter dated 28.02.2007 of the IGNOU, granting institutional recognition for the programmes through distance education mode, imparted by Vinayaka Missions University, suffice it to note that the approval for five years from February, 2007 to year 2012, was Page 62 of 75 Downloaded on : Sat Sep 16 16:18:36 IST 2023 NEUTRAL CITATION C/LPA/1058/2022 CAV JUDGMENT DATED: 06/09/2023 undefined institutional recognition to offer courses through distance education mode as approved by the faculty of the Distance Education of the University. The conditions to impart such courses as mentioned in the communication dated 28.02.2007 are;
"I. The number of programmes needs to be pruned down and in case of technical and professional programmes, necessary approval must be taken from the respective regulator, bodies before offering the programmes.
II. Within one year from the date of recognition given, all course materials should be transformed systematically in self learning mode (SLM):
III. Core Faculty as per DEC norms should be maintained for offering each programme.
IV. Further the AAV programmes, CDs, Portal should be systematically prepared to match the level of the programmes being offered. This should be undertaken on top priority and completed within one year.
V. In case of offering programmes through study centres. DEC Norms and Guidelines be adhered to.
VI. The university should inform the progress made along the above suggestions every year."
61. None of the conditions as noted above, for imparting One year study Certificate course in Livestock Inspectors could be demonstrated to have been fulfilled by the Vinayaka Missions University. There is nothing on record to show that the norms and standards for offering Page 63 of 75 Downloaded on : Sat Sep 16 16:18:36 IST 2023 NEUTRAL CITATION C/LPA/1058/2022 CAV JUDGMENT DATED: 06/09/2023 undefined programmes through the distance education mode had been adhered to by the Vinayaka Missions University, i.e. to establish that the Certificate courses in Livestock Inspectors was imparted by it with the approval of the then Distance Education Council of IGNOU.
62. As noted above, from the careful reading of the various clauses of the Regulation, 2010 framed by the UGC, in order to regulate the institutions declared as Deemed to be Universities and further to maintain quality of higher education imparted by such institution, it is evident that an institution Deemed to be University was required to adhere to the standards / procedure prescribed therein to start a new department or course in the campus or to impart education through Off-campus centre, only with the prior approval of the UGC. As no such approval, admittedly, has been obtained by Vinayaka Missions University to impart a new course / department through distance education mode, it cannot be successfully argued by the learned counsel for the petitioners that the University was well within its Page 64 of 75 Downloaded on : Sat Sep 16 16:18:36 IST 2023 NEUTRAL CITATION C/LPA/1058/2022 CAV JUDGMENT DATED: 06/09/2023 undefined jurisdiction to run One year Certificate course of Livestock Inspector only with the approval of its Governing Council.
63. We may further note that the Regulation 2010 puts a rider in Clause 12.02 that a new department dealing with a subject which is not in the field of its specialization or in an institution Deemed to be University or in an allied field, only if that field is covered under the objectives for which institution was established, could be started only with the prior approval of the Commission (UGC).
64. A perusal of the communication dated 20.04.2011 of IGNOU granting recognition to Vinayaka Missions University by the Distance Education Council w.e.f. academic year 2011-12 to 2013-14, indicates that the degree courses in the faculty of Arts, Science, Commerce, Management (Business Management, Hotel Management), Computer, Information Technology and Management, Hospital Administration, Medical Laboratory Technology, Yoga Science were approved by Page 65 of 75 Downloaded on : Sat Sep 16 16:18:36 IST 2023 NEUTRAL CITATION C/LPA/1058/2022 CAV JUDGMENT DATED: 06/09/2023 undefined the Distance Education Council. The Certificate of Livestock Inspector which is necessarily in the field of Livestock and Animal Husbandry, is alien to the nature of degree/diploma and certificate courses imparted by the Vinayaka Missions University as approved by the Distance Education Council of IGNOU. For the above, even if it is accepted for a moment for the sake of arguments that the Academic Council of the University was competent to approve the course in Livestock Inspector through distance education mode, prior approval from the UGC for commencing a new course in a new field which was not in the field of its specialization or in an allied field, namely the Certificate in Livestock Inspector, was required in view of Clause 12.02 of the Regulation, 2010. In our considered opinion, it was not open for the Vinayaka Missions University to run a Certificate course in Livestock Inspectors through distance education mode without prior approval of the UCG, in view of the above provision.
65. For the reasons noted above, One year Certificate Page 66 of 75 Downloaded on : Sat Sep 16 16:18:36 IST 2023 NEUTRAL CITATION C/LPA/1058/2022 CAV JUDGMENT DATED: 06/09/2023 undefined course in Livestock Inspector obtained by the petitioners herein from the Vinayaka Missions University cannot be said to be a valid course qualification. This apart, the Veterinary practice and courses are regulated by the Indian Veterinary Council Act, 1984. From the statement of the object and reasons for establishment of Indian Veterinary Council by the Act, 1984, it can be discerned that the Act, 1984 was enacted to regulate Veterinary practices and to provide for the establishment of a Veterinary Council of India, State Veterinary Council and the maintenance of Registers of persons qualified to engage in faculty practices for the whole of India and for matters connected therewith or ancillary thereto. As defined in section 2(j) as noted above, a "Veterinary Institution" means any University or Institution or other institution which grants degrees, diplomas or licences in Veterinary Science and Animal Husbandry. The "Veterinary qualifications" granted by any of the Veterinary Institution in India are included in First Schedule of the Act, 1984 as 'recognized veterinary Page 67 of 75 Downloaded on : Sat Sep 16 16:18:36 IST 2023 NEUTRAL CITATION C/LPA/1058/2022 CAV JUDGMENT DATED: 06/09/2023 undefined qualifications' for the purposes of the Act, 1984. For any additional qualifications not included in the First Schedule, a notification is to be made by the Central Government in consultation with the Veterinary Council.
66. A question came up for consideration before the Punjab and Haryana High Court with regard to the validity of diploma in Livestock Assistance from Vinayaka Missions University, Salem, Tamil Nadu in the year 2008- 09, in the recruitment exercises for the post of 'Veterinary Livestock Department Assistant' in the State of Haryana. The contention of the petitioner therein, who were excluded from the zone of consideration that the Vinayaka Missions University is a Deemed University under Section 3 of the UGC Act and / or programme imparted it through by distance education are approved by the Distance Education Council vide letter dated 17.02.2004, had been noted therein. It was further noted that the Veterinary Council of India established under the provisions of the Indian Veterinary Council Act, 1984, has power to recognize a diploma or certificate as per Section Page 68 of 75 Downloaded on : Sat Sep 16 16:18:36 IST 2023 NEUTRAL CITATION C/LPA/1058/2022 CAV JUDGMENT DATED: 06/09/2023 undefined 30 along with its proviso. Under section 15 of the Act, only those qualifications which are included in the First Schedule can be recognized as valid veterinary qualifications. It was further noted therein that diploma or the certificate courses for the purpose of 'Minor Veterinary Services' obtained by the petitioners have not been recognised by the Veterinary Council of India and the issue as to who is the competent authority to recognize such diploma courses was accordingly, answered in light of the provisions of Section 30 of the Act, 1984. The answer given therein was that the power to recognize the qualifications in Veterinary Science is exclusively vested with the Veterinary Councils of India and not UGC, it being a statutory body at par with any other regulatory authority like Medical Council of India, Dental Council of India, etc. It is the Veterinary Council of India alone which can recognize the qualification in Veterinary Science in view of the express power conferred upon it under section 15 of the Act. The diploma courses possessed by the petitioners therein had Page 69 of 75 Downloaded on : Sat Sep 16 16:18:36 IST 2023 NEUTRAL CITATION C/LPA/1058/2022 CAV JUDGMENT DATED: 06/09/2023 undefined not been recognized by the Veterinary Council of India, and, thus, cannot be said to be valid qualification. It was further held that Vinayaka Missions University may have recognition as Deemed University under section 3 of the UGC Act, but the diploma courses imparted by it cannot be validated, unless such course is further recognized by the Veterinary Council of India in exercise of its powers under section 15 of the Act, 1984.
67. Having noted the above, we are required to further record that the certificate course in Livestock Inspector, as demonstrated before us, is a specialized course dealing with the Livestock. 'Minor Veterinary Services' to be provided by the Livestock Inspectors would require the following job profiles and responsibilities to be carried out by the Livestock Inspectors, as notified by the Government of Gujarat vide notification dated 29.11.2012: -
• "Application or administration of the drugs as specified in the "Schedule H" of the Drugs and Cosmetic Rules, 1945 under the Drugs and Cosmetic Act, 1940 (23 of 1940) strictly as prescribed by a registered Veterinary practitioner. • Compounding and dispensing of drugs / therapeutic Page 70 of 75 Downloaded on : Sat Sep 16 16:18:36 IST 2023 NEUTRAL CITATION C/LPA/1058/2022 CAV JUDGMENT DATED: 06/09/2023 undefined preparations.
• Rendering preliminary aid through oral administration of analgesics and antipyretics in cases of pain and fever.
• Performing castration by closed method, de-horning, dis-budding and de-beaking.
• Assisting registered Veterinary practitioner in surgical gynaecological interventions.
• Prophylactic vaccinations of animals.
• Handling of superficial aliments like wounds, superficial haemorrhages, burns etc. • Washing of mouth, hooves, feet, udder etc. with antiseptic / medicated preparation in condition like foot and mouth disease, mastitis, stomatitis etc., • Collection and dispatch of blood, serum, urine, faeces, semen, milk and other specimens for Laboratory examination.
• Assisting in the surveillance of infectious diseases, laboratory investigations and other related technical works including outbreak control measures.
• Collect, compile, maintain and report disease related data.
• Providing first-aid in emergencies, namely :-
a) Lightning stroke
b) Sun stroke / frostbite
c) Electric shock
d) Poisoning
e) Snake bite
f) Drowning
g) Prolapse of vagina/uterus
h) Retention of Placenta
i) Dystokia
j) Dressing of naval cord in new born
k) Simple fracture
l) Docking in case of injury / infection
m) Indigestion
n) Anorexia Page 71 of 75 Downloaded on : Sat Sep 16 16:18:36 IST 2023 NEUTRAL CITATION C/LPA/1058/2022 CAV JUDGMENT DATED: 06/09/2023 undefined
o) Tympany / bloat
p) Horn injuries
q) Wild animal attack
r) Natural Calamities
s) Accidents etc.".
68. Looking to the duties and responsibilities of Livestock Inspector, the relevance and importance of hands-on-training, cannot be said to have been undermined. The Veterinary Institutions/courses are governed by the Indian Veterinary Council Act, 1984 as noted above. Looking to the job profile of the posts of Livestock Inspector, the skill which they are required to acquire in hands-on-training cannot be acquired through the distance education mode. Moreover, the Vinayaka Missions University which has been recognized as Deemed to be University for running courses in the faculty of Art, Science, Commerce, Management, Hotel and Hospital Management, Business Management, Hospital and Business Management, Computer and Information Technology, has not been recognized as "Veterinary Institution" within the meaning of Section 2(j) read with Section 15 of the Act, 1984. There is nothing on record that Vinayaka Missions University is imparting Page 72 of 75 Downloaded on : Sat Sep 16 16:18:36 IST 2023 NEUTRAL CITATION C/LPA/1058/2022 CAV JUDGMENT DATED: 06/09/2023 undefined such Certificate course in Livestock Inspector through regular mode and, as such, there was no question of imparting the said course through distance education mode. There is nothing on record to demonstrate that the Vinayaka Missions University had requisite infrastructure and faculty to impart such a course.
69. For the above discussion, the contention of the learned Senior Counsels appearing for the appellants that One year Certificate course in Livestock Inspectors imparted by Vinayaka Missions University and possessed by the petitioners herein, cannot be said to be valid qualification as Vinayaka Missions University is not recognized to impart such course through distance education mode, is found to be justified.
70. Learned Single Judge while allowing the writ petitions seems to have been swayed away by the assumption that the Vinayaka Missions University being a recognized Deemed University under the provisions of the UGC Act, is empowered to award any degrees or a Page 73 of 75 Downloaded on : Sat Sep 16 16:18:36 IST 2023 NEUTRAL CITATION C/LPA/1058/2022 CAV JUDGMENT DATED: 06/09/2023 undefined course on its own. The communication dated 28.02.2007 of IGNOU was given undue consideration to hold that the programme of distance mode of the faculty of distance education of the Vinayaka Missions University was recognized and hence, the action of the respondents in not considering the Certificate of Livestock Inspector issued by the said University for the purpose of being qualified, is mistaken.
71. With due respect to the learned Single Judge, we may record that while holding so, the learned Single Judge has failed to take note of the above referred statutory provisions, covering the field, which are enacted for maintaining the standards of higher education, professional education, and specialized education in the Country, both by conventional method and distance education mode.
72. For the reasoning given above, we have reached at an irresistible conclusion that the judgment and order dated 8.2.2023 passed by the learned Single Judge in Page 74 of 75 Downloaded on : Sat Sep 16 16:18:36 IST 2023 NEUTRAL CITATION C/LPA/1058/2022 CAV JUDGMENT DATED: 06/09/2023 undefined Special Civil Application No.8556 of 2020 and connected other matters, allowing the writ petitions directing for inclusion of the names of the writ petitioners / respondents herein in the merit list of Livestock Inspector, is liable to be set aside. The exclusion of the names of the writ petitioners/ respondents herein from the merit list prepared by the Gujarat Subordinate Service Selection Board, treating One year Certificate / in Livestock Inspector possessed by them, as invalid, is found to be justified in the facts and circumstances of the instant case.
73. For the above, all the Appeals, in this bunch, are allowed. Consequently, all the Writ Petitions, in the group, stand dismissed.
74. All Civil Applications do not survive for consideration, accordingly, the same stand disposed of.
Sd/-
(SUNITA AGARWAL, CJ ) Sd/-
(N.V.ANJARIA, J) Bharat / Gaurav / Amar Page 75 of 75 Downloaded on : Sat Sep 16 16:18:36 IST 2023