Rajasthan High Court - Jodhpur
Manana Livestock Assistant ... vs State Of Rajasthan on 21 April, 2022
Bench: Dinesh Mehta
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 5851/2022
Manana Livestock Assistant Training Institute, Kheteshwar
Colony, Ward No. 13, Balotara (Under The Management Pf
Parmarth Khetaramji Bal Niketan Sanstha Balotara, District
Balotara) Through Its Secretary Narpat Singh S/o Shri
Khetaramji, Aged About 37 Years, Resident Of Kheteshwar
Colony, Chhatriyon Ka Morcha, Balotara, District Barmer
(Rajasthan).
----Petitioner
Versus
1. State Of Rajasthan, Through The Director, Animal
Husbandry, 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. Govind Suthar
JUSTICE DINESH MEHTA
Judgment / Order
21/04/2022
1. Learned 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).
2. 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
(2 of 2) [CW-5851/2022]
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."
3. Learned counsel for the petitioner submits that he will file
the detailed 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 (supra).
4. 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 along with
certified copy of this Order.
5. The writ petition as well as stay petition is disposed of.
(DINESH MEHTA),J
207-skm/-
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