Rajasthan High Court - Jodhpur
Asian Institute Of Veterinary ... vs State Of Rajasthan ... on 8 March, 2023
Bench: Pushpendra Singh Bhati
[2023/RJJD/006307] (1 of 3) [CW-3328/2023]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 3328/2023
Asian Institute Of Veterinary Science, Khatushyam Ji Road,
Ringus, Sikar, Rajasthan Being Run And Managed By Shri Shyam
Shikshan Sansthan, B-6, Jamunapuri, Murlipura Scheme, Jaipur
Through Its Secretary Vishal Mahala S/o Bhagirath Singh
Mahala, 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) : Mr. Dinesh Kumar Saini
(Member of the Society, present in
person).
For Respondent(s) :
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Order
08/03/2023
The lawyers are abstaining from the work.
The Member of the Society present in person 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).
[2023/RJJD/006307] (2 of 3) [CW-3328/2023]
The Member of the Society present in person 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."
The Member of the Society present in person also 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
Coordinate 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 Member of the Society
present in person, the petitioner-institution may file a
[2023/RJJD/006307] (3 of 3) [CW-3328/2023]
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 respondents 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.
(DR.PUSHPENDRA SINGH BHATI), J
72-/Jitender//-
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