Rajasthan High Court - Jodhpur
Aryan Pashudhan Sahayak ... vs State Of Rajasthan on 2 December, 2021
Bench: Dinesh Mehta
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 16798/2021
Aryan Pashudhan Sahayak Mahavidhyalay, Bikaner (Under The
Management Of Aryan Shikshan Avam Samajik Sansthan,
Bikaner Through The Secretary Amit Kumar Vyas S/o Ramji
Vyas, Aged 36 Years, Resident Of Durga Niwas, Khejaron Wale
Vyason Ki Gali, Bhattaron Ka Chowk, Bikaner (Rajasthan)
----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
JUSTICE DINESH MEHTA
Order
02/12/2021
1. 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).
2. Learned counsel further submits that the aforesaid view was
taken by this Court in light 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 3) [CW-16798/2021]
"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."
3. Learned counsel for the petitioner submits that the petitioner
would be satisfied if representation, which the petitioner would be
filing before the respondents within a period of fifteen days from
today, is ordered to be considered 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).
4. In view of submissions made by the counsel, the petitioner
may file a representation along with a copy of the above referred
order dated 09.04.2019 and a certified copy of the order instant
within a period of two weeks from today.
5. In case representation is so addressed, the respondents shall
consider and decide the representation, in accordance with law
preferably within a period of two months from receipt of the
representation.
6. It is made clear that aforesaid direction to decide the
representation has been issued only with a view to ensure
expeditious redressal of petitioner's grievance. The same may not
(3 of 3) [CW-16798/2021]
be construed to be an order to decide the representation in a
particular manner.
7. The stay application also stands disposed of accordingly.
(DINESH MEHTA),J
131-Ramesh/-
Powered by TCPDF (www.tcpdf.org)
