G.R.G. Shikshan Anusandhan And ... vs State Of Rajasthan ...
2023 Latest Caselaw 5102 Raj

[2023/RJJD/016747]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 4579/2020

G.R.G. Shikshan Anusandhan And Jan Kalyan Sansthan, Laxmanpura, Dholasar, Tehsil Lohawat District Jodhpur Through Its Treasurer Dr. Pavitra Singh Bishnoi S/o Ranjeet Ram Age 37 Years, Resident Of Dholasar, Tehsil Lohawat District Jodhpur.

----Petitioner Versus

1. State Of Rajasthan, Through Director Animal And Husbandry Department, Jaipur.

2. Deputy Secretary To The Govt. Department Of Animal Husbandry, Secretariat, Jaipur.

3. Rajasthan University Of Veterinary And Animal Science Bikaner, Through Its Registrar.

                                                                     ----Respondents


For Petitioner(s)            :     Mr. RJ Punia


               HON'BLE DR. JUSTICE NUPUR BHATI
                                       Order
23/05/2023

1. Counsel for the petitioner 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).

2. Learned counsel for the petitioner further submits that the

aforesaid view was taken by this Court in light of the adjudication

by a Constitution Bench of the Apex Court 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

[2023/RJJD/016747] (2 of 3) [CW-4579/2020]

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 submits that the petitioner

would be satisfied if representation, which the petitioner 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 (supra).

4. In view of submissions made by the counsel, the petitioner

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.

5. 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.

6. It is made clear that aforesaid direction to decide the

representation has been issued only with a view to ensure

[2023/RJJD/016747] (3 of 3) [CW-4579/2020]

expeditious redressal of petitioner's grievance. The same may not

be construed to be an order to decide the representation in a

particular manner.

7. The writ petition so also stay application stands disposed of

accordingly.

(DR. NUPUR BHATI),J 156-amit/-

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