Rajasthan High Court - Jodhpur
Kovid Educational Society ... vs State Of Rajasthan on 12 December, 2022
Bench: Arun Bhansali
HIGH COURT OF JUDICATURE FOR RAJASTHAN
AT JODHPUR
S.B. Civil Writ Petition No. 18036/2022
Kovid Educational Society (Rajdhani College of Animal
Husbandry), H. 33B/A, Tagore Path, Banipark, District - Jaipur,
through its President, Abhishek Sharma, S/o Late Shri Ram
Prasad Sharma Age - 41 Years, Resident Of H. 33B/a, Tagore
Path, Banipark, District - Jaipur, 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. Shreyansh Mardia.
HON'BLE MR. JUSTICE ARUN BHANSALI
Order
12/12/2022
Counsel for the petitioner submits that the issue raised in the
present writ petition is similar to GPS Veterinary College vs. State
of Rajasthan & Ors. : S.B. Civil Writ Petition No.18320/2022,
wherein, a Coordinate Bench of this Court on 05.12.2022 has
disposed of the writ petition after giving certain directions and,
therefore, the present writ petition may also be disposed of with
similar directions.
In the case of GPS Veterinary College (supra), the
Coordinate Bench inter-alia observed and directed as under:
(2 of 3) [CW-18036/2022]
"Learned counsel for the petitioner-institution
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-institution further
submits that the aforesaid view was taken by this Court in
the light of the adjudication by a Constitution Bench of the
Apex Court of the land in the case of Islamic Academy of
Education Vs. 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-institution submits
that the petitioner-institution would be satisfied if
representation, which the petitioner-institution 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).
In view of submissions made by learned counsel for
the petitioner-institution, the petitioner-institution 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
respondent shall consider and decide the representation,
(3 of 3) [CW-18036/2022]
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 the
representation has been issued only with a view to ensure
expeditious redressal of petitioner-institution'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 the stay application stand
disposed of accordingly."
In view of submissions made, the writ petition filed by the
petitioner is also disposed of with similar directions as given in the
case of GPS Veterinary College (supra).
(ARUN BHANSALI),J
213-DJ/-
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