Rajasthan High Court - Jodhpur
Mahatma Gandhi Pashupalan ... vs State Of Rajasthan on 13 December, 2022
Bench: Arun Bhansali
HIGH COURT OF JUDICATURE FOR RAJASTHAN
AT JODHPUR
S.B. Civil Writ Petition No. 17780/2022
Mahatma Gandhi Pashupalan Diploma Sansthan, Vill.- Balluwali,
Post- Dhalyawas, Via.- Shrimadhopur, District - Sikar (Raj.)
running by Society of Naval Shikshan Sansthan, Ward No. 3,
Mahatma Gandhi P.G. Mahavidhalaya Camps, Shrimadhopur,
District - Sikar (Raj.) through its Secretary Shri Mohar Singh
Kharra S/o Shri Pratap Singh Kharra age-53 Years about, R/o-
Mahatma Gandhi College Mahaveerdal Ke Pass, Ward No. 03, Sri
Madhopur, District - Sikar (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. Mukesh Kumar on behalf of
Mr. Om Prakash Sharma.
HON'BLE MR. JUSTICE ARUN BHANSALI
Order
13/12/2022
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).
(2 of 3) [CW-17780/2022]
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 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).
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
(3 of 3) [CW-17780/2022]
receiving representation alongwith certified copy of this
order.
The writ petition as well as stay petition is disposed of.
The order has been passed based on the submissions made
in the petition, the respondents would be free to examine the
veracity of the submissions made in the petition and only in case,
the averments made therein are found to be correct, the petitioner
would be entitled to the relief.
(ARUN BHANSALI),J
141-DJ/-
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