Rajasthan High Court - Jodhpur
Shri Raghunandan Memorial ... vs State Of Rajasthan on 26 May, 2022
Bench: Vijay Bishnoi
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 7732/2022
Shri Raghunandan Memorial Pashudhan Sahayak Mahavidhalaya,
Suroth, Dist.- Karauli (Raj.) Running By Society Indira Gandhi
Samirithi Shikshan Sansthan, Suroth, Dist.- Karauli (Raj.),
Through Its Secretary Smt. Kusumlata Sharma, W/o Shri
Hridesh Mohan Sharma, Age 51, Shivcharan Seth Ki Gali,
Suroth, Dist. - Karauli (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. O.P.Sharma
HON'BLE MR. JUSTICE VIJAY BISHNOI
Judgment / Order
26/05/2022
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-7732/2022]
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-7732/2022]
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
430-AjaySingh/-
Powered by TCPDF (www.tcpdf.org)
