SYED ARSHAD ALI, J.---All the petitioners, who are 40 in number , have obtained and passed a degree of DVM from Khyber . Pakhtunkhwa, Agriculture University , which is accredited institution under Pakistan Veterinary Medical Council, 1996 " The Act" seeks the constitutional jurisdiction of this court as following:- It is, therefore, humbly prayed that on acceptance of the instant writ petition, an appropriate writ directions be issued to the respondents to Register the petitioners with the PVMC and to issue RVMP Certificate to the petitioners.
2. It is averred in the petition that the petitioners had obtained admission in the department of Animal Health Sciences of the Khyber Pakhtunkhwa, Agricultural University for the session commencing from 2013 to 2017 in its DVM Programme. It is further averred that the KPK Agricultural University is a Public Sector Chartered University accredited with Higher Education Commission of Pakistan and its DVM Programme has also been recognized and registered by Pakistan Veterinary Medical Council (PVMC) constituted under the Act. After successful completion of the Programme, all the petitioners were awarded degrees by the University , howe ver, the respondents PVMC has refused to register their degrees as required under the Act enabling them to apply for veterinary position in private or public sector .
3. Respondents were put to notice. Respondents Nos.1 and 2, which is Pakistan Veterinary Medical Council
(PVMC) and its Registrar have filed their joint para wise comments, wherein, inter alia, they have stated that the petitioners were not registered by the PVMC for the reasons that the faculty of the Veterinary and Animal Husbandry of the Agricultural University of Peshawar is not registered with the PVMC as required under Clause- 10(d) of PVMC Regulation of 2000, "Regulation " which was amended in 2012. It is further averred in their comments that the Dean of the Faculty of Veterinary and Animal Husbandry of Agricultural University is also not a veterinarian as required under Appendix-I of PVMC Accreditation and Equivalence Regulation 2015. In this regard, the Agricultural University was informed through letter dated 31.01.2018.
4. Arguments were heard and record of the case was also perused with the valuable assistance of the learned counsel for the parties and the worthy Registrar of PVMC, who was present in court proceedings.
5. During the course of arguments, the main objection of the worthy Registrar for not granting registration to the petitioners is noncooperative behavior of the Agriculture University by not appointing Dean of the Faculty of the Department of Animal Husbandry and veterinary sciences being a veterinariam. When the worthy Registrar was asked, if this deficiency is removed, will the respondents have any objection on the registration of the petitioners with PVMC? He frankly conceded that if this deficiency is removed and all the faculty members are registered with PVMC, they will grant registration to the petitioners. Learned counsel represen ting the Agricultural University contended that they have 36 Faculty Members out of which 23 are registered with PVMC and they are in process of registration of the other Members of the Faculty with PVMC.
6. From the above, it appears that there is an apparent issue between PVMC and the Agriculture University regarding registration of the entire faculty with the PVMC. The registration of faculty with the PVMC was made mandatory by amending Regulations through amendment dated 20.12.2012 and 23.7.2015.
7. Before rendering findings on the present issue before us, it would be appropriate to first dilate upon the requirement of the accreditation of the Universities/ Institutions, imparting veterinary education and granting degrees and the Registration of students, with PVMC.
8. In order to regulate the registration, practice and conduct of the veterinarian and to establish a uniform standard of basic and higher qualifications in veterinary medicine and surgery , the Act was promulgated in the year 1996.
Under Section 3 of the Act, an apex Regulatory Body was constituted known as Pakistan Veterinary Medical Council (PVMC). Under section 9 of the Act, the qualifications granted by any Veterinary Institution in Pakistan, which is included in the first schedule to the Act, shall be recognized Veterinary and Animal Husbandry qualification for the purpose of the Act. However , if any veterinary institution in Pakistan, which grants a veterinary qualification and has not been included in the first schedule, may apply to the Federal Government to have such qualification recognized. The Federal Government may after 'consulting the PVMC, by Notification in official gazette amend the first schedule, so as to include such qualification therein and thereafter the name of institution is also entered in the first schedule. Similarly under section 15 of the Act, when it appears to the PVMC that the courses of studies and examination to be gone through in any veterinary institution in Pakistan is not up to the mark, the PVMC may recommend to the Federal Government for withdrawal of the recognition from such institution and the Federal Government after soliciting the explanation of the concerned institution, may withdraw recognition/accreditation of the institution from a specific date. For ready reference, section-15 of the Act is reproduced as under:-
15. Withdrawal of recognition:- (1) When upon report of the Executive Committee it appears to the Council that the courses of study and examinations to be gone through in any veterinary institution in Pakistan in order to obtain a recognized veterinary qualification or that the standard of proficiency required from candidates at any examination held for the purpose of granting such qualification or standard of research studies and facilities is not such as to secure to persons holding such qualifications the knowledge and skill requisite for the efficient practice of veterinary medicine or to contr ibute to the advancement of veterinary medicine the Council shall make a representation to that effect to the Federal Government.
(2) After considering such representation, the Federal Government shall forward it along with such remarks as it may choose to make to the concerned institution with an intimation of period within which the institution may submit its explanation to the Federal Government.
(3) On the receipt of the explanation or where no explanation is submitted within the specified period the Federal Government may after making such further inquiry , if any, as it may think fit direct that the measures necessary to bring the teaching and research upto the required standard be taken or an entry shall be made in the appropriate Schedule against the concerned institution declaring that any qualification granted by such institution after the specified date shall not be recognized.
9. Under section-16 of the Act, the PVMC maintain a register in the prescribed manner in which the names of the persons possessing recognized veterinar y qualification are entered and maintained and no person other than the registered veterinary practitioner can hold any veterinary position in private or public sector nor can practice veterinary medicine unless the said person's name is registered with PVMC.
10. Undergraduate students who get their admission in any recognized institution imparting education in veterinary medicines were required to get themselv es registered with the PVMC by introducing Regulation No.10-A through amendment in regulation dated 20.12.2012, similarly through the same amendment regulation No. 10-D was also inserted in Regulations which requires all the teaching faculty of recognized postgraduate or undergraduate veterinary institution to be registered with PVMC. Through gazette Notification dated 23.7.2015, the Chief Administrator Officer or Dean or Principal Officer of any institution imparting education in veterinary sciences were also required to be veterinarian.
11. Reverting to the facts of the present case, the petitioners got their admission in Agricultural University Peshawar in the DVM Programme which is a Public Chartered University . The name of the Agricultural University also appears at S.No.5 of the first schedule to the Act being a veterinary institution, which has been accredited and recognized by the PVMC. The record is completely silent as to whether after incorporation of clause-10-A in the Regulation, which requires all undergraduate students getting admission in any recognized institution to get themselves registered with the PVMC, the petitioners were registered with the PVMC neither in the comments respondents have raised any objection regarding this issue of non-registration of the petitioners with PVMC. The only issue raised in the comments for not registering the names of the petitioners with PVMC is the non-registration of the entire faculty members of the Agriculture University with PVMC and its present Dean being not veterinarian.
It is also evident from the letter dated. 31.1.2018 that in the meeting of PV MC on 05.8.2017 one time waiver was granted to the institution whose faculty were not, registered with PVMC to register their faculty members with PVMC. It was also intimated in the said letter dated 31.1.2018 , that the PVMC has decided that till the appointment of veterinarian as a Dean of Faculty as required under the amended regulation no veterinary graduate of Agricultural University of Peshawar will be registered as PVMC with PVMC. Apart from the above said letter , there is nothing on record that PVMC had issued any public notice or any other notice informing the students or general public regarding the aforesaid shortcoming i.e. non-registration of the entire faculty member of the Agriculture University of Pakistan and its decision regarding non-registration of the graduate of the Agriculture University with PVMC.
12. Admittedly , all the petitioners got admission in the Agriculture University in the year 2013 and have completely DVM Programme in the year 2017 who were awarded degrees by the University in February 2018. There is no objection on the courses being taught in Agriculture University not being up to the mark, therefore, the impugned decision of the PVMC which was communicated to the Agricultural University on 31.1.2018 is not applicable to the case of the present petitioners as they had already completed their DVM Degree Programme in the year 2017. It is also pertinent to note that 23 members of the faculty of the Agricultural University are registered with PVMC and one time waiver was already given to all the intuitions whose faculty members are not registered with the PVMC.
Even, otherwise, the Agricultural University of Pakistan still appears as a registered institution under the Act and under section 9 of the Act any person who obtains a degree or qualification from any institution whose names appears in first schedule shall be recognized as Veterinary and Animal Husbandry qualification for the purpose of Act and as such PVMC are bound to register the names of the said person in its register maintained by it under section 16 of the Act, as long as the Agricultural University remain in the first schedule to the Act. Indeed, under section 15 of the Act PVMC can only recommend to the Federal Government for withdrawal of recognition which was granted to any institution by the Federal Government and it is the Federal Government which is competent to withdraw the recognition from any institution under the Act. If it appears to the PVMC that Agricultural University is not complying with its valid directions or the requirement of registration of faculty members it may recommend to the Federal Government for withdrawal of recognition to the Agricultural University Peshawar but cannot refuse registration to the persons who have acquired their degree in DVM Programme from recognized institution. Indeed the petitioners have successfully completed their five years DVM Programme, hence vested right have accrued to them, to utilize the degree which they have obtained after undergoing the rigors of continued study for good five years, in the manner and for the purposes A envisaged by the Act. Keeping them in the state of lurch, is not only against the concept of good governance but would also deprive them of right to livelihood which is guaranteed through Article 9 of the Constitution of Islamic Republic of Pakistan, 1973.
14(sic) In view of the above, we by allowing this petition, direct the respondents to register the names of petitioners with PVMC and issue the required certificate to the petitioners within a period of one month of the judgment of this Court.