Fedral Institute Of Veterinary Science vs State Of Rajasthan (2023:Rj-Jd:43186)
2023 Latest Caselaw 10601 Raj

Citation : 2023 Latest Caselaw 10601 Raj
Judgement Date : 12 December, 2023

Rajasthan High Court - Jodhpur

Fedral Institute Of Veterinary Science vs State Of Rajasthan (2023:Rj-Jd:43186) on 12 December, 2023

Author: Nupur Bhati

Bench: Nupur Bhati

[2023:RJ-JD:43186]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
                 S.B. Civil Writ Petition No. 18897/2023

Fedral Institute Of Veterinary Science, District Jaipur Being Run
By Society Fedral Educational Development Society, Jaipur
Through Its Authorized Signatory Vishal Mahla S/o Bhgirath
Singh Mahla, Aged About 47 Years, R/o B-6, Jamnapuri,
Murlipura, 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)              :     Ms. Swati Shekhar for
                                     Mr. CS Kotwani
For Respondent(s)              :     ---


               HON'BLE DR. JUSTICE NUPUR BHATI

Order

12/12/2023

1. Learned counsel for the petitioner-institution submits that the

controversy involved in the present writ petition has already been

decided by a coordinate 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.

2. 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 of the

[2023:RJ-JD:43186] (2 of 3) [CW-18897/2023]

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. 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 in the case of Professor S Karan

Shiksha Samiti (supra).

4. 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

[2023:RJ-JD:43186] (3 of 3) [CW-18897/2023]

preferably within a period of three months from the date of

receiving representation along with certified copy of this order.