Rajasthan High Court - Jodhpur
Thar Institute Of Animal Science vs State Of Rajasthan on 16 May, 2022
Bench: Vijay Bishnoi
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 6573/2022
Thar Institute Of Animal Science, Devipura, Sikar (Raj.) Running
By Society Of A.n. Shiksha Samiti, Ramu Ka Bass, Sikar (Raj.)
Through Its Secretary Smt. Sumitra Chaudhary W/o Shri Balbir
Singh, Aged About 47 Years, R/o A.n. Public School, Radhaswami
Bagh, Chomu, Jaipur (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
Judgment / Order
16/05/2022
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
SKaran 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-6573/2022]
"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 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
44-mohit/-
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