Rajasthan High Court - Jodhpur
Takshshila Veterinary College vs State Of Rajasthan ... on 27 March, 2023
Bench: Pushpendra Singh Bhati
[2023/RJJD/007528]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 3908/2023
Takshshila Veterinary College, Hanumanbag Colony, Nagaur,
Under The Management Of Takshshila Education Society,
Hanumanbag, Nagaur, Through Its Secretary Kundan Gehlot S/o
Shri Ramniwas Gehlot, Aged About 29 Years, R/o Hanumanbag
Colony, Nagaur, 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. Kanishk Singhvi.
For Respondent(s) :
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Order
27/03/2023
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 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
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[2023/RJJD/007528] (2 of 3) [CW-3908/2023]
of the land in the case of Islamic Academy of Education Versus
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."
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 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 the counsel for the
petitioner-institution, respondent is directed to decide the
representation of the petitioner-institution in accordance with law
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[2023/RJJD/007528] (3 of 3) [CW-3908/2023]
preferably within a period of two months from the date of
receiving representation alongwith certified copy of this order.
The writ petition as well as stay petition is disposed of.
(DR.PUSHPENDRA SINGH BHATI), J.
161-/Jitender//-
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