S.B.SINHA, J. - (1.) LEAVE granted in S.L.P.
(2.) CONSTITUTIONALITY and/ or applicability of the provisions of Section 30 of the Indian Veterinary Council Act, 1984 (for short "the Central Act") is in question herein. Before, however, embarking on the questions involved, we may at the outset notice that the Civil Appeal arising out of S.L.P.(Civil) No. 11880 of 2006 arises out of a judgment and order dated 26/4/2006 passed by a Division Bench of the High Court of Judicature at Bombay in Civil Writ Petition No. 4619 of 1997 whereby and whereunder the writ petition filed by the appellant herein in regard to the applicability of Section 30 of the Central Act was dismissed. In the said writ petition, the following prayers were made: (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 (c) for directions to renew the registration of non-graduate Veterinary Practitioners in the register maintained by the State Council under the State Veterinary Act til the coming into force of the Central Veterinary Act. The Writ Petition under Article 32 of the Constitution of India has been filed by the petitioners representing similarly placed veterinary practitioners from several States and Union Territories of India against the Union of India as also the concerned States praying inter alia for the following reliefs: "a) issue an appropriate writ revoking and declaring null and void the impugned Section 30 of the Indian Veterinary Council Act, 1984 and b) issue an appropriate writ revoking and declaring null and void Rule No. 37/45 of Indian Veterinary Practitioners Regulation, 1992. l) issue a writ of mandamus/ any other appropriate writ, order or directions restraining the Respondents from acting/ giving effect to the provisions of Section 30 of the Indian Veterinary Council Act, 1984 and Rule No. 37/45 of Indian Veterinary Practitioners Regulation, 1992 and the above notifications mentioned in prayer clause (c) to (k) above." 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.
(3.) 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. We may hereafter notice some of the provisions of the Central Act.;