Rajasthan High Court - Jodhpur
Nirmal Livestock Assistant ... vs State Of Rajasthan on 17 October, 2022
Bench: Vinit Kumar Mathur
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Writ Misc Application No. 309/2022
In
S.B. Civil Writ Petition No. 15010/2022
Nirmal Livestock Assistant Training Institute, Hindaun City,
District Karauli, Rajasthan (Under The Management Of Nirmal
Happy School Samiti), F-157, Mohan Nagar, Hindaun City,
District Karauli, Rajasthan Through The Chairman Manish
Chaudhary S/o Shri R.S. Verma, Aged About 42 Years, Resident
Of F-157, Mohan Nagar, Hindaun City, District Karauli,
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. Naved Khan
HON'BLE MR. JUSTICE VINIT KUMAR MATHUR
Order
17/10/2022
The case comes up on an application for recalling the order
dated 13.10.2022 passed by this Court.
Learned counsel for the applicant/petitioner submits that
the writ petition has been disposed of in the light of the order
dated 09.04.2021 passed by a Co-ordinate Bench of this Court in
S.B. Civil Writ Petition No. 6345/2021 whereas the controversy
involved in the present case is squarely covered by the judgment
(2 of 3) [WMAP-309/2022]
dated 28.09.2022 passed by this Court passed in S.B. Civil Writ
Petition No. 13516/2022 (Siddharth Institute of
Veterinary Sciences Vs. State of Rajasthan and Ors.).
For the reasons mentioned in the application, the same is
allowed.
The order dated 13.10.2022 passed by this Court is recalled
and the writ petition is disposed of in the following terms:-
"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
further submits that the aforesaid view was taken by
this Court in the light 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:
"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."
(3 of 3) [WMAP-309/2022]
Learned counsel for the petitioner-institution
submits that the petitioner-institution would be
satisfied if representation, which the petitioner-
institution 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 learned counsel
for the petitioner-institution, the petitioner-institution
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
respondent shall consider and decide the
representation, in accordance with law preferably
within a period of two months from receipt of the
representation.
It is made clear that aforesaid direction to
decide the representation has been issued only with a
view to ensure expeditious redressal of petitioner-
institution'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."
(VINIT KUMAR MATHUR),J
328-payal/-
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