Sangeet Raj Lodha, J. - (1.) BY way of these writ petitions, the petitioners -unaided self financed veterinary colleges run by various charitable trusts or the societies registered under Rajasthan Societies Registration Act, 1958 ("Act of 1958"), have questioned the validity of the action of the Rajasthan University of Veterinary & Animal Sciences ("the University") in directing not to admit students in the First year B.V.Sc. & A.H. programme for the Academic Sessions 2011 -12 and 2012 -13 in the petitioners' colleges. The petitioners have also questioned the action of the respondent - University in not including the petitioners' colleges in the process of admission in B.V.Sc. & A.H. course for the Academic Session 2011 -12 and 2012 -13. That apart, the condition incorporated in the order dated 15.6.12 issued by the Rajasthan University of Veterinary & Animal Sciences, Bikaner, (for short "University" hereinafter) extending provisional affiliation to the various Veterinary Colleges for the Academic Session 2012 -13, in terms that no students shall be admitted without prior permission of the Government of India/Veterinary Council of India("the Council" hereinafter) and the University, is also assailed by the petitioners. The facts set out in these writ petitions are at little variance, however, the issues involved are identical and therefore, the same were heard together and are being disposed of by this common judgment.
(2.) THE writ petition preferred by the petitioner -Arawali Veterinary College, Sikar, being No. 8450/12 is taken up for consideration as lead case. The relevant facts in nutshell are that Astha Society, a society registered under the Act of 1958 made an application to the State Government for grant of 'No Objection Certificate' (NOC) for establishing a Veterinary College in the name of Arawali Veterinary College at Sikar. The NOC was issued by the State Government on 3.9.07, which was subject to condition inter alia that the Society shall not open the Veterinary College and initiate the admission process without prior permission of the Council. On the application being submitted by the petitioner for opening the Veterinary College, the Council vide communication dated 3.4.08 advised that the proposal for opening a Veterinary College is required to be submitted to the Central Government (Department of Animal Husbandry, Dairying & Fisheries, Ministry of Agriculture, Government of India) through the concerned University as provided for by Sec. 15(2) of Indian Veterinary Council Act, 1984 ("the Act of 1984"). Accordingly, the petitioner submitted an application to the respondent -Council through Swami Keshvanand Rajasthan Agriculture University, Bikaner.
(3.) ON receipt of the proposal submitted through the University, the Council vide order dated 28.8.09, commissioned an Inspection Team to assess physical facilities available/created at the newly proposed Arawali Veterinary College at Sikar. After examining the Inspection Report submitted by the Inspecting Team, the Council found that the facilities created at the petitioner -College is adequate for imparting First Year B.V.Sc. & A.H. Degree Course and accordingly, allowed admission of the students at the College during the Academic Session 2009 -10 vide order dated 22.9.09, in the following terms: - - In view of above and in view of the fact that the independent inspections conducted by the affiliating University and the Council have - found the facilities created as adequate for imparting first year B.V.Sc. & A.H. Degree course, admission of students may be allowed during the current academic session (2009 -10) at the College. The University authorities have to take immediate appropriate actions to ensure that the facilities for the second year of studies are created in a time bound manner. The University authorities are required to submit progress report on fulfillment of the minimum requirements strictly as per Council Regulations annually to this Council. The Council shall periodically, inspect the College to monitor/verify the progress towards fulfillment of the minimum requirements.;