Rajasthan High Court - Jodhpur
Khatushyamji Veterinary ... vs State Of Rajasthan ... on 9 March, 2023
Bench: Pushpendra Singh Bhati
[2023/RJJD/006392]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 3454/2023
Khatushyamji Veterinary Institute, Kochhor, Kochhor Jeen Mata
Road, Sikar, Rajasthan Being Run And Managed By Gurukul
Shikshan Sansthan, Behind Circuit House, Jaipur Road, Sikar,
Rajasthan Through Its Authorized Signatory Mahaveer Singh S/o
Sh. Karni Dan, Aged 36 Years, R/o Ward No. 3, Near Rto Office,
Radha Kishanpura, Sikar, 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. Mahaveer Singh, Authorized
signatory of petitioner-Institute
(present in person)
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Order
09/03/2023
The lawyers are abstaining from work.
The Authorized Signatory of the petitioner-Institute, 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 Professor S Karan Shiksha Samiti Vs. State of Rajasthan
& Ors. (S.B. Civil Writ Petition No.24692/2018 decided on 09.04.2019).
He further submits that the aforesaid view was taken by this
Court in the light of the adjudication by a Constitution Bench of
(Downloaded on 10/03/2023 at 12:05:04 AM)
[2023/RJJD/006392] (2 of 3) [CW-3454/2023]
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."
He also submits that the petitioner-institute would be
satisfied if representation, which the petitioner-institute 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 authorized signatory of
the petitioner-Institute, present in person, the petitioner-institute
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.
(Downloaded on 10/03/2023 at 12:05:04 AM)
[2023/RJJD/006392] (3 of 3) [CW-3454/2023]
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-institute'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.
161-Zeeshan
Powered by TCPDF (www.tcpdf.org)
