B.R. Veterinary College vs State Of Rajasthan
2022 Latest Caselaw 7193 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 6859/2022

B.r. Veterinary College, Run And Managed By B.r.t.t. College Shiksha Samiti, Siryani Through Its Secretary Om Prakash Sharma S/o Shri Budh Ram, Aged About 75 Years, Resident Of Village Vpo Siryani, Tehsil Neemrana, Alwar (Rajasthan).

----Petitioner Versus

1. State Of Rajasthan, Through The Director, Animal Husbandry Department, Jaipur.

2. Deputy Secretary To The Govt., Department Of Animal Husbandry, Secretariat, Jaipur.

3. Rajasthan University Of Veterinary And Animal Sciences, Bikaner Through Its Registrar.

                                                                 ----Respondents


For Petitioner(s)        :     Mr. Venkat Poonia



            HON'BLE MR. JUSTICE VIJAY BISHNOI

                                    Order

13/05/2022

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-6859/2022]

"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.

(3 of 3) [CW-6859/2022]

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 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.

(VIJAY BISHNOI),J 89-Babulal/-

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