Murali Singh Yadav Memorial ... vs State Of Rajasthan
2021 Latest Caselaw 13145 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 11481/2021

Murali Singh Yadav Memorial Prashikshan Sansthan, Udairamsar, Bikaner Through Its Secretary Kuldeep Yadav S/o Shri Manmohan Singh Yadav, Aged 37 Years, R/o Udairamsar, District Bikaner.

----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. C.S. Kotwani
For Respondent(s)          :



           HON'BLE MR. JUSTICE MANOJ KUMAR GARG

                                      Order

26/08/2021

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 S

Karan 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:

(2 of 2) [CW-11481/2021]

"25. Privately managed educational institutions 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.

(MANOJ KUMAR GARG),J 65-Ishan/-

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