Rajasthan High Court - Jodhpur
Sanskar Veterinary College, ... vs State Of Rajasthan on 23 May, 2022
Bench: Vijay Bishnoi
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 7396/2022
Sanskar Veterinary College, Peeplu, District Tonk (Raj.) Running
By Society Shiv Seva Samiti, Plot No. 09, Vivekanand Colony,
Civil Line, Tonk (Raj.) Through Its Secretary Shri Dinesh
Choudhary S/o Shri Rambilas Choudhary, Age About 34 Years,
Plot No. 09, Vivekanand Colony, Civil Line, Tonk (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. Manoj Purohit for
Mr. O.P.Sharma
HON'BLE MR. JUSTICE VIJAY BISHNOI
Judgment / Order
23/05/2022
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 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
(2 of 3) [CW-7396/2022]
of the land in the case of Islamic Academy of Education Vs.
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-institution submits that
the petitioner-institution will file the detail representation before
the respondents within a period of fifteen days from today and the
respondents may be directed to consider its representation in the
light of the judgment passed by the Co-ordinate Bench of this
Court at Bench 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, respondents are directed to decide the
representation of the petitioner-institution in accordance with law
(3 of 3) [CW-7396/2022]
preferably within a period of two months from the date of
receiving representation along with certified copy of this order.
The writ petition as well as stay petition are disposed of.
(VIJAY BISHNOI),J
239-AjaySingh/-
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