Rajasthan High Court - Jodhpur
Tirupati College Of Veterinary ... 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. 7734/2022
Tirupati College Of Veterinary Science, Sh-37-A Mundru
Shrimahopur Sikar (Raj.) Run And Managed By Rameshwar
Prasad Memorial Shiksha Samiti, Jaipur, District Jaipur
(Rajasthan) Through Its Secretary, Meghraj Yadav S/o Shri
Rameshwar Prasad, Age 46 Years, Resident Of Village And Post
Chak Manoharpur Tehsil Amer District Jaipur.
----Petitioner
Versus
1. State Of Rajasthan, Through The Director, Animal
Husbandry, 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. Tanwar Singh Rathore
For Respondent(s) :
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-7734/2022]
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 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, respondent is directed to decide the
representation of the petitioner-institution in accordance with law
(3 of 3) [CW-7734/2022]
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
431-mohit/-
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