Maa Bharti Institute Of Animal ... vs State Of Rajasthan
2022 Latest Caselaw 5676 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 5655/2022

Maa Bharti Institute Of Animal Science, Renwal Road, Bharija, Jobner, District Jaipur (Raj.) Running By Society Of Maa Bharti Vidya Mandir Shiksha Samiti, Renwal Road, Bharija, Jobner, District Jaipur (Raj.) Through Its Secretary Yashpal Choudhary C/o Shri Laxmi Narayan, 121, Pipla Wali Dhani, Bhojpura Kalan, Jobner, Jaipur, Phulera, District Jaipur (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)          :



             HON'BLE MR. JUSTICE VIJAY BISHNOI

                           Judgment / Order

19/04/2022

     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 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

(2 of 3) [CW-5655/2022]

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 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).

(3 of 3) [CW-5655/2022]

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.

(VIJAY BISHNOI),J 160-mohit/-

Powered by TCPDF (www.tcpdf.org)