Rajasthan High Court - Jodhpur
Maharshi Parshuram Veterinary ... vs State Of Rajasthan on 1 July, 2022
Bench: Vinit Kumar Mathur
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 8991/2022
Maharshi Parshuram Veterinary Mahavidhalaya, Danta, District
Sikar (Raj.) Running By Society Late Shri Kanhaiya Lal Haritwal
Shikshan Sansthan, Danta, District Sikar (Raj.) Through Its
Secretary Shri Bal Mukand Dixit S/o Shri Hari Shankar Dixit, Age
About 47 Years, R/o Ward No. 05, Asapur, Sikar, 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. O.P. Sharma
HON'BLE MR. JUSTICE VINIT KUMAR MATHUR
Order
01/07/2022
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:
(2 of 3) [CW-8991/2022]
"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, 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
(3 of 3) [CW-8991/2022]
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.
(VINIT KUMAR MATHUR),J
163-nitin/AnilS/-
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