Rajasthan High Court - Jodhpur
Career Animal Husbandry Training ... vs State Of Rajasthan on 7 May, 2022
Bench: Vijay Bishnoi
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 6398/2022
Career Animal Husbandry Training Institute, Durana, Mandawa
Road, Jhunjhunu (Raj.) Running By Society Of New Rajasthan
Public Shikshan Sansthan, Ganpati Nagar, Angasar Road,
Jhunjhunu (Raj.) Through Its Secretary Peeyush Dhukia S/o
Pyarelal, Aged About 32 Years, R/o Village Chandrapura,
Toliyasar Jhunjhunu (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. Om Prakash Sharma
HON'BLE MR. JUSTICE VIJAY BISHNOI
Order
07/05/2022
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 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:
(2 of 2) [CW-6398/2022]
"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 19and regulations under
Article 30of 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.
The writ petition as well as stay petition is disposed of
(VIJAY BISHNOI),J
189-Arun/-
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