M.L.D. Livestock Assistant ... vs State Of Rajasthan
2022 Latest Caselaw 14836 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 18045/2022

M.L.d. Livestock Assistant Diploma Training Institute, Kekri, District Ajmer (Under The Management Of Shri Mishri Lal Dubey Memorial Sansthan, Kekri, District Ajmer Through Its Secretary Chandra Prakash Dubey S/o Shri Mishri Lal Dubey, Aged 59 Years, Resident Of Plot No. 125, Ward No. 2, Master Colony, Kekri, District Ajmer (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. Aman Bishnoi for Mr. C.S. Kotwani.

For Respondent(s)             :



               HON'BLE MR. JUSTICE ARUN BHANSALI

                                           Order

16/12/2022

        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.

Learned counsel for the petitioner submits that the

issue involved in this writ petition is no more res-integra in view of

(2 of 3) [CW-18045/2022]

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

receiving representation alongwith certified copy of this

order.

(3 of 3) [CW-18045/2022]

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 119-sumer/-

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