Rajasthan High Court - Jodhpur
Thakur Madan Singh Institute Of ... vs State Of Rajasthan on 13 April, 2022
Bench: Vijay Bishnoi
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 5386/2022
Thakur Madan Singh Institute Of Veterinary Science, Hammir
Nagar, Kherda, Sawai Madhopur, Rajasthan (Under The
Management Of Daksh Educational Trust, Hammir Nagar,
Kherda, Sawai Madhopur, Rajasthan Through The Authorized
Signatory Tej Singh Rajawat S/o Late Shri Madan Singh Rajawat,
Aged About 45 Years, Resident Of Hammir Nagar, Kherda, Sawai
Madhopur, 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. M.A. Sliddiqui
HON'BLE MR. JUSTICE VIJAY BISHNOI
Judgment / Order
13/04/2022
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 S Karan Shiksha Samiti Vs.
State of Rajasthan & Ors. (S.B.Civil WritPetition
No.24692/2018 decided on 09.04.2019).
(2 of 3) [CW-5386/2022]
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:
"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 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-
(3 of 3) [CW-5386/2022]
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, 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.
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.
It is made clear that aforesaid direction to decide
there presentation has been issued only with a view to
ensure expeditious redressal of petitioner's grievance.
The same may not be construed to be an order to decide
the representation in a particular manner.
The writ petition so also stay application stands
disposed of accordingly.
(VIJAY BISHNOI),J
66-msrathore/-
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