IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.3767 of 2009 BIPIN KUMAR BARUN, Son of Sri Jai Ram Singh, resident of village- Dosut, P.S.-Warsaliganj, District-Nawadah. .........Petitioner. Versus 1. The State of Bihar. 2. Secretary, Animal Husbandry Department, New Secretariat, Patna. 3. Chairman, Bihar State Veterniary Council, L.R.S, Bihar Veterinary College Campus, Patna.14. 4. Registrar, Bihar State Veterinary Council, L.R.S. Bihar Veterinary College Campus, Patna-14. 5. Principal, Bihar Veterinary College, L.R.S. Veterinary College Campus, Patna.14. 6. Rajendra Agriculture University, Pusa, Samastipur, Bihar, through its Vice-Chancellor. 7. Registrar, Rajendra Agriculture University, Pusa, Samastipur. 8. Veterinary Council of India 16/15 W.E.A. Arya Samaj Road, Karol Bagh, New Delhi-110003. .............Respondents. For the petitioner: Mr. R. Griyaghey, Adv. Mr. Ravi Shankar, Adv. Mr. Sanjay Gupta, Adv. For the State: Mr. Santosh Kumar Mishra, Adv. A.C. to G.P. -7. For respondents 6 to 8: Mr. Samir Kumar Sinha, Adv. For respondent No. 8 : Mr. Sahvind Kumar Sharma, Adv. ----------- 2/ 09.02.2010 Heard counsels for the petitioner, State and Rajendra Agricultural University, Pusa and counsel representing Veterinary Council of India, respondent No. 8. Petitioner has passed from Bihar Veterinary College, Patna in the batach of academic session 1995-96. He has passed Bachelors Veterinary Science A.H. course in Ist class. On completion of internship training programme, certificate has also been issued in his favour. He has also been provided with provisional degree certificate vide Memo No. 0348 dated 07.11.2000. The State of Bihar has published an advertisement on 2 21.11.2008, inviting applications for appointment on the post of Veterinary doctor and the petitioner has also applied for the post and was called for counseling. Since, as per the advertisement, candidates registered by Veterinary Council of India are also eligible for the post. The grievance of the petitioner is that he is being asked for producing a certificate showing his registration with Bihar Veterinary Council of India, as per the provision under Bihar State Veterinary Council Rule, 1998. The Bihar State Veterniary Council Rule, before internship training Programme the candidate should get provisional registration and then, only he will be finally registered. Earlier, there was no provision as such petitioner did not get himself registered prior to undergoing internship training, since, it has not become mandatory, as such, he also applied for his provisional registration but that is not being considered. In case such certificate is not issued, he may not be considered for his appointment on the post of Veterinary doctor, for which counselling is going on. This issue has already been settled and decided by this Court in C.W.J.C. No. 11914 of 2002 vide order dated 23.01.2009. It has been decided that since the petitioners were students of 1995-96 batch before promulgation of new rule in 1998 by the Bihar Amendment, it will have retrospective effect so as to prejudice the petitioners. The Rules do not provide and neither does Rule 49 say that even those who had completed their course 3 in Veterinary Science before the promulgation of the Rules would also be governed by it. The amendment is said to be prospective with its operation. As such the rules framed by the State Government shall be prospective in their application from 1998 only with regard to those who may join the course after commencement of the Rule. The respondent Bihar Veterinary Council was, thus, directed to grant necessary registration to the petitioners immediately. The similar direction is being issued in the favour of the petitioner. The Bihar Veterinary Council, will grant necessary registration to the petitioner so that he can also be considered for his appointment, as per the advertisement published by the State Government. This application is allowed. Sanjeet/ (Mridula Mishra, J.)