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(a) the declaration that the non-graduate Veterinary Practitioners who are registered under the Maharashtra Veterinary Practitioners Act, 1971 (for short to be referred as "the State Veterinary Act") are eligible to practice Veterinary medicine in the same manner and on such conditions as they were prior to coming into force of the Indian Veterinary Councils Act, 1984 ("Central Veterinary Act" for short) in the State of Maharashtra;
(b) to declare that non-graduate Veterinary Practitioners who are eligible to be registered under the State Veterinary Act will be permitted to practice Veterinary medicine in the same manner and on such conditions as they were prior to the coming into force of the Central Veterinary Act in the State of Maharashtra; and

In the writ petition, prayers have also been made for revoking and declaring notifications issued by the respective State Governments in terms of Section 30 of the Central Act as void.

5. We will, however, record the facts of the matter from Civil Appeal arising out of SLP (C) No. 11880 of 2006.

Appellant is an Association registered under the Trade Unions Act. It purports to represent the Veterinary Practitioners of the State of Maharashtra. The subject of legislation was a State subject. The States of Haryana, Bihar, Orissa, Himachal Pradesh and Rajasthan, however, adopted a resolution purported to be in terms of Clause (1) of Article 252 of the Constitution of India requesting the Union of India to make a parliamentary legislation to the effect that the matter may be regulated in those States by Parliamentary Act. Pursuant to or in furtherance of the said resolution, Parliament enacted the Central Act being Act No. 52 of 1984. It came into force with effect from 18th August, 1984. It was enacted with a view 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.

19. The State of Maharashtra issued a notification dated 26th August, 1997 in terms of Section 30 of the Central Act specifying minor veterinary services to be rendered by the Veterinary Science Certificate or Diploma holders in the Government Service or in Semi-Government organizations.

20. The contention of the writ petitions inter alia is that having regard to the fact that the veterinary practitioners who were possessing 'diploma in veterinary science' or 'certificate in veterinary science' which were recognized by the State of Maharahstra and some other States they could not have been divested of their right to practice by reason of the Central Act on the premise that they having the requisite qualification had a fundamental right in terms of Article 19(1)(g) of the Constitution to carry on veterinary practice or continue to be in the service of the State and any restriction placed on such rights should not only be a reasonable one but also in public interest. The Central Act, insofar as it purports to take away such right to practice or to be continued in service, thus, imposes an unreasonable restriction interfering with their fundamental right inasmuch as the degree holders alone cannot serve the rural areas. Our attention in this behalf has also been drawn to the letters addressed by some Members of the Parliament to the concerned Ministries stating that in the event the services of the petitioners are dispensed with, the same would not be in public interest.

59. We have noticed the contention of the learned Senior Counsel appearing on behalf of the petitioners that there exists an inconsistency insofar as whereas under the Central Act only the degree holders are entitled to be enrolled in the register maintained by the Central Council; the State Act recognizes the diploma and certificate holders also.

60. Veterinary services in terms of the Central Act is in two parts (1) veterinary services and (2) minor veterinary services. What would be the minor veterinary services has been laid down by reason of a notification issued by the respective State Governments in exercise of their power under clause (b) of Section 30 of the Central Act. Once such a notification has been issued, indisputably, those who are not otherwise entitled to resort to veterinary practices within the meaning of the Central Act can be asked to perform the jobs of minor veterinary services.