Rajasthan High Court - Jodhpur
Basant Educational Society ... vs State Of Rajasthan on 24 May, 2022
Bench: Vijay Bishnoi
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 7681/2022
Basant Educational Society Shastri Nagar, Jodhpur, Through
Director Ravi Shankar Sharma (Admin) S/o Shri Vijay Prakash
Aged 61 R/o House No. B-128 Saraswati Nagar Basni Jodhpur
(Rajasthan)
----Petitioner
Versus
1. State Of Rajasthan, Through The Director, Animal
Husbandry Department, Govt. Of Rajasthan, Jaipur (Raj.)
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. Rajendra Katariya
Mr. Bhawani SinghRansi
HON'BLE MR. JUSTICE VIJAY BISHNOI
Order
24/05/2022
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 further submits that the aforesaid view was
taken by this Court in light 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 3) [CW-7681/2022]
"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 submits that the petitioner
would be satisfied if representation, which the petitioner 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 the counsel, the petitioner
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 respondents shall
consider and decide the representation, in accordance with law
preferably within a period of two months from receipt of the
representation.
(3 of 3) [CW-7681/2022]
It is made clear that aforesaid direction to decide the
representation has been issued only with a view to ensure
expeditious redressal of petitioner'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
256-Babulal/-
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