Rajasthan High Court - Jodhpur
Swami Gangadas Shiksha Samiti vs State Of Rajasthan on 18 November, 2022
Bench: Pushpendra Singh Bhati
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 17348/2022
Swami Gangadas Shiksha Samiti, Balesar, Post Naurangpura,
Tehsil Virat Nagar, District Jaipur (Raj.), Through Its Secretary Of
Shri Kalyan Sahay Sharma Son Of Late Shri Ladu Ram Joshi,
Aged About 77 Years, Resident Of Balesar, Post Naurangpura,
Tehsil Virat Nagar, District Jaipur (Rajasthan).
----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 DR. JUSTICE PUSHPENDRA SINGH BHATI
Order
18/11/2022
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 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:
"25. Privately managed educational institutions imparting
professional education in the fields of(33)medicine, dentistry and
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(2 of 2) [CW-17348/2022]
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 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.
(DR.PUSHPENDRA SINGH BHATI), J.
341-Sanjay/-
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