Satya Sai Veterinary Training ... vs State Of Rajasthan
2022 Latest Caselaw 12238 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 14190/2022

Satya Sai Veterinary Training Institute, Jasrasar Kudi, Badi, District Sikar (Raj.) Running By Society Of Shekhawati Health Education And Welfare Society, Jasrasar Kudi, Badi, District Sikar (Raj.) Through Its Secretary Shravan Kumar Sharma S/o Shri Sanwar Mal Sharma, Age 42 Years About, R/o Jasrasar Kudi, Badi, District Sikar (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. Om Prakash Sharma

HON'BLE MR. JUSTICE VINIT KUMAR MATHUR

Order

12/10/2022

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 Vs. State of

Karnataka : 2003 (6) SCC 679, which reads thus:

(2 of 3) [CW-14190/2022]

"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 he will file

the detailed 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 learned 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 along with

certified copy of this order.

(3 of 3) [CW-14190/2022]

The writ petition so also the stay application stand disposed

of accordingly.

(VINIT KUMAR MATHUR),J 299-SanjayS/-

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