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Showing contexts for: veterinary practice in State Of Gujarat vs Gunvantrai Narmadashankar Vyas on 19 July, 2018Matching Fragments
10.1 It was further submitted that upon the coming into force C/LPA/907/2016 JUDGMENT of the Indian Veterinary Council Act, 1984, it was only the Veterinary Officers possessing graduation degree as prescribed therein could practice in veterinary science. However, by virtue of clause (b) of section 30 of the said Act, the State Governments were empowered to recognize services of non- graduates undertaking veterinary jobs as 'Minor veterinary services". Accordingly, the Gujarat Veterinary Council Act came into existence and resultantly, "minor veterinary services" came into existence, which were defined in the Government resolution dated 19.11.2012. It was submitted that a conjoint reading of the above provisions would indicate that the services rendered by the Livestock Inspectors would fall within the ambit of "minor veterinary services" and therefore, Livestock Inspectors could not be said to be in the practice of Veterinary Medicine. According to the learned Assistant Government Pleader, since the Livestock Inspectors were only permitted to render services under the supervision of a registered practitioner, they could not be said to be in the practice of Veterinary Medicine, and, therefore, there was no good reason for paying NPPA to them. It was submitted that therefore, the State Government has rightly discontinued the payment of NPPA to them.
12. Mr. K.B. Pujara, learned advocate appearing for the petitioners in Special Civil Application No.17245 of 2016 submitted that as per the policy of the State Government as reflected from the Government resolutions annexed along with the petitions, those Livestock Inspectors who are serving at the Field Level under the Panchayat and who are attached to the Veterinary Dispensaries/Veterinary Aid Centres, are permitted to do private practice and therefore, they are allowed to charge fees as prescribed by the State Government and those Livestock Inspectors, like the present petitioners, who are serving at the State Level and who are not attached to any Veterinary Dispensaries/Veterinary Aid Centres, are compensated by paying the NPPA at the rates prescribed by the State Government. Therefore, as long as the Livestock Inspectors employed at the Field Level who are attached to the Veterinary Dispensaries/Veterinary Aid Centres are permitted to do the private practice and are allowed to charge the fees as prescribed by the State Government, the respondents are duty bound to compensate the Livestock Inspectors employed at the State Level who are not attached to the Veterinary Dispensaries/Veterinary Aid Centres and who are not allowed C/LPA/907/2016 JUDGMENT to do the private practice, by paying them the NPPA as a compensatory allowance, otherwise, it becomes a clear case of discrimination and arbitrary treatment in gross violation of Articles 14 and 16 of the Constitution of India.
27. A contention has been raised on behalf of the State authorities that upon the coming into force of the Gujarat Veterinary Council Act, 1984 'minor veterinary services' came into existence and that as the services of the Livestock Inspectors fall within the ambit of 'minor veterinary services' and they were permitted to render the services under the supervision of a registered Practitioner, they could not be said to be in the practice of Veterinary Medicine and therefore there was no good reason to pay NPPA to them. In this regard it may be noted that the Indian Veterinary Council Act, 1984 has been enforced in the State of Gujarat from 15.1.2000 by a notification of Government of India. Section 30 of the said Act, which is relevant for the present purpose reads thus:
30. Right of persons who are enrolled on the Indian veterinary practitioners register.--No person, other than a registered veterinary practitioner, shall--
(a) hold office as veterinary physician or surgeon or any other like office (by whatever name called) in Government or in any institution maintained by a local or other authority;
(b) practice veterinary medicine in any State:
Provided that the State Government may, by order, permit a person holding a diploma or certificate of veterinary supervisor, stockman or stock assistant (by whatever name called) issued by the Directorate of Animal Husbandry (by whatever name called) of any State or any veterinary institution in India, to render, under the supervision and direction of a registered veterinary practitioner, minor veterinary services.