UDAI SINGH DAGAR AND ORS. versus UNION OF INDIA AND ORS.

UDAI SINGH DAGAR AND ORS. versus UNION OF INDIA AND ORS.

Section 30 of the Indian Veterinary Council Act, 1984 validly imposes qualifications for veterinary practice and constitutes a reasonable restriction under Article 19(6); diploma/certificate holders not possessing the prescribed qualifications cannot claim a right to continue practice; Section 6 of the General Clauses Act does not protect such rights where they are expressly abrogated by new legislation; service employees may continue subject to new duties as per notifications under Section 30.

Parties
Appellants/petitioners: Udai Singh Dagar and Ors.; Respondents: Union of India and Ors.
Jurisdiction
India
Judgment Date
15 May 2007
Procedural Posture
Writ Petition and Civil Appeal / Final Judgment
Outcome
Writ petition and civil appeal dismissed, subject to service employees continuing per State notification for minor veterinary services.
Legal Topics
Regulation of Veterinary Practice, Fundamental Rights Under Article 19(1)(g), Reasonable Restrictions Under Article 19(6), Qualifications for Professional Practice, Effect of Central Act Vs State Act, Repeal and Legal Fiction, Registration Requirements
Constitutional Law Administrative Law Professional Regulation Regulation of Veterinary Practice Fundamental Rights Under Article 19(1)(g) Reasonable Restrictions Under Article 19(6) Qualifications for Professional Practice Effect of Central Act Vs State Act +2 more

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Parties

Udai Singh Dagar and Ors.

Appellants/petitioners

Union of India and Ors.

Respondents

Procedural Posture

Writ Petition and Civil Appeal / Final Judgment

Legal Issues

  1. 1 Whether non-graduate veterinary practitioners can continue to practice after the Indian Veterinary Council Act, 1984 and State notifications
  2. 2 Whether Section 6 of the General Clauses Act, 1897 protects accrued or inchoate rights to practice
  3. 3 Whether the restriction imposed by Section 30 of the Indian Veterinary Council Act, 1984 is a reasonable restriction under Article 19(6) of the Constitution of India

Ratio Decidendi

Section 30 of the Indian Veterinary Council Act, 1984 validly imposes qualifications for veterinary practice and constitutes a reasonable restriction under Article 19(6); diploma/certificate holders not possessing the prescribed qualifications cannot claim a right to continue practice; Section 6 of the General Clauses Act does not protect such rights where they are expressly abrogated by new legislation; service employees may continue subject to new duties as per notifications under Section 30.

Court Disposition

Writ petition and civil appeal dismissed, subject to service employees continuing per State notification for minor veterinary services.

Orders

  • Those in service of State or semi-government/local bodies are entitled to continue service subject to duties as specified in notification under Section 30 of Central Act.
  • States may issue notifications for minor veterinary services if not already done.