IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.4285 of 2008 NAVNEET KUMAR Versus THE STATE OF BIHAR & ORS ----------- For the petitioner : Mr.Birendra Kant Chaudhary, Advocate For the respondent no.1 : Mr.Shashi Bhushan Kumar, Standing Counsel-XVI For the respondent no.2 : Dr. Ratan Kumar, Central Government Counsel ------ P R E S E N T Hon'ble the Chief Justice & Hon'ble Mr. Justice Kishore K. Mandal ----- Dated, the 20th August, 2008 The petitioner has filed this writ petition in the nature of public interest litigation for directing respondent no.1, i.e. the Principal Secretary, Animal and Fisheries Resources Department, Government of Bihar, Patna to properly implement the two central schemes viz; (i) Assistance to States for Control of Animal Diseases Scheme ASCAD and (ii) National Project for Cattle and Buffalo Breeding (NPCBB). The petitioner has averred that under the scheme ‘ASCAD’, the State Government decided that within six to nine months after allocation of fund, vaccine production unit at Patna shall be modernized and the production of vaccine would start immediately thereafter. According to the - 2 - petitioner, the State Government also decided that four pathological Laboratories shall be established and diagnostic work would start upon allocation of fund by the Central Government. The petitioner has averred that a sum of Rupees Seven crore, eighty three lacs and five thousand has already been sanctioned to the Animal and Fisheries Resources Department, Bihar by the Ministry of Agriculture, Department of Animal Husbandry and Dairying, Government of India, but yet vaccine production unit in Patna has not been modernized and as a result of which the production of vaccine has not started. It is also averred that four pathological laboratories at Muzaffarpur, Saharsa, Bhagalpur and Gaya have also not been established. Based upon this, it is alleged that ‘ASCAD’ scheme is not properly implemented by the Government of Bihar in its true spirit. 2. A counter affidavit has been filed on behalf of the respondent no.1. It is alleged that the writ petition is not bonafide and rather it is at the instance of some of the officers of the department. The respondent no.1 has asserted that two central schemes, viz., ‘ASCAD’ and ‘NPCBB’, of which the petitioner seek implementation enjoy most serious consideration of Animal and Fisheries (Animal Husbandry Sector) Department, Government of Bihar. The progress of the schemes is regularly - 3 - reviewed and monitored not only by the Principal Secretary but also at higher levels. Although earlier ‘ASCAD’ was not properly controlled by the Institute of animal Health and Production but now for better implementation, the scheme ‘ASCAD’ is being implemented through District Animal Husbandry officers. The State has successfully conducted two Animal Health Protection campaigns in the financial year 2007-08. More than 54 lakh animals are said to have been vaccinated in the State against the diverse diseases. 3. The respondent no.1 in the affidavit has given the details of the contributions received from the Government of India during the last three years, i.e. 2004-05, 2005-06 and 2006- 07 and the expenditure incurred in these years. The respondent no.1 has stated in his affidavit that the funds for the years 2006- 07 and 2007-08 have been fully utilized. 4. As regards vaccine production unit, it is stated that as per the present economic policy, the State does not indulge in a commercial activity directly and since vaccine production is a commercial activity, the State does not want to go in for this activity. It is stated that quality vaccine is easily available in the market at competitive prices and, therefore, the State does not wish to undertake vaccine production. 5. In so far as Scheme ‘NPCBB’ is concerned, it is - 4 - stated that a sum of Rs.4.998 crores has been released by the Government of India in the last week of February, 2007 to ‘BLDA’ against a project of Rs.62.45 crores and the matter has been taken up with the Government of India. The meeting of the Minister of Animal Resources and Fisheries Department, Government of Bihar is also said to have taken place with Union Minister of Agriculture on 3rd October, 2007. It is stated that the Government of India has informed that phase I of NPCBB is now over and no more money can be provided under the said scheme. As regards phase II, the Government of India has asked for a project report. The project report is said to have been forwarded to the Government of India and it is stated that no sooner the project is sanctioned, the money shall be available from the Government of India to the State Government. 6. From the counter affidavit filed by the respondent no.1 to which there is no rejoinder by the petitioner, it appears to us that the writ petition is not pro bono publico and appears to have been filed at the instance of the officials of the Animal and Fisheries Resources Department, Government of Bihar who seem to have been side lined. Moreover, the counter affidavit reflects, which may be accepted by us for want of any rejoinder, that whatever is necessary for implemention of two aforesaid schemes is being done by the State of Bihar. - 5 - 7. All in all, no case for judicial review in the matter is made out. PIL is disposed of, accordingly. R.M. Lodha, CJ Kishore K. Mandal, J. Sunil