HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 5258/2022 Saraswati Vidya Mandir Pashupalan Vidyalaya, Vill Jaisnghwas, Tehsil Surajgarh, District Jhunjhunu (Raj.) Run By Society Of Saraswati Vidya Mandir Sansthan, Vill. Jaisinghwas, Tehsil Surajgarh, District Jhunjhunu (Raj.) Through Its Secretary Suresh Kumar S/o Shri Bhanwari Lal, Bhupendra Singh Mahla, Age- 47 Years About, Khedaro Ki Dhani, Tehsil Surajgarh, District Jhunjhunu (Raj.).
----Petitioner Versus
1. State Of Rajasthan, Through The Director, Animal Husbandry Department, Jaipur.
2. Deputy Secretary To The Government, Department Of Animal Husbandry, Secretariat, Jaipur.
3. Rajasthan University Of Veterinary And Animal Sciences, Bikaner Through Its Registrar.
----Respondents For Petitioner(s) : Mr. OP Sharma For Respondent(s) : None
HON'BLE MR. JUSTICE VINIT KUMAR MATHUR Order 11/04/2022 Counsel for the petitioner submits that the controversy involved in the present writ petition has already been decided by the Co-ordinate Bench of this Court in the case of Professor SKaran Shiksha Samiti Vs. State of Rajasthan & Ors.
(S.B.Civil Writ Petition No.24692/2018 decided on 09.04.2019).
Learned counsel for the petitioner submits that the issue involved in this writ petition is no more res-integra in view of the adjudication by a Constitution Bench of the Apex Court of the land in the case of Islamic Academy of Education Versus State of Karnataka: 2003 (6) SCC 679, which reads thus:
"25. Privately managed educational institutions (Downloaded on 12/04/2022 at 08:38:02 PM) (2 of 2) [CW-5258/2022] imparting professional education in the fields of (33)medicine, dentistry and engineering have spurted in the last few decades. The right of the minorities to establish an institution of their own choice in terms of clause(1) of Article 30 of the Constitution of India is recognized; so is the right of a citizen who intends to establish an institution under Article 19 (1) (g) thereof. However, the fundamental right of a citizen to establish an educational institution and in particular a professional institution is not absolute. These rights are subject to regulations and laws imposing reasonable restrictions. Such reasonable restriction in public interest can be imposed under Clause (6) of Article 19 and regulations under Article 30 of the Constitution of India. The right to establish an educational institution, although guaranteed under the Constitution, recognition of affiliation is not. Recognition or affiliation of professional institution must be in terms of statute."
Learned counsel for the petitioner submits that he will file the detail representation before the respondents within a period of fifteen days from today and the respondents may be directed to consider his representation in the light of the judgment passed by the Co-ordinate Bench at Jaipur in case of Professor S Karan Shiksha Samiti Vs. State of Rajasthan & Ors. (S.B. Civil Writ Petition No.24692/2018 decided on 09.04.2019).
In view of submissions made by the counsel for the petitioner, respondent is directed to decide the representation of the petitioner in accordance with law preferably within a period of two months from the date of receiving representation alongwith certified copy of this Order.
The writ petition as well as stay petition is disposed of.
(VINIT KUMAR MATHUR),J 221-payal/-(Downloaded on 12/04/2022 at 08:38:02 PM)
Powered by TCPDF (www.tcpdf.org)