Rajasthan High Court - Jodhpur
Laxmi Badhala Animal Husbandry ... vs The State Of Rajasthan ... on 25 May, 2023
Bench: Pushpendra Singh Bhati
[2023/RJJD/017341]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 6156/2023
Laxmi Badhala Animal Husbandry College, Address N. H. 52,
Govindgarh, Jaipur (Raj.) Running By Society Of Late Kumari
Laxmi Badhala Education And Research Institute, N.h. 52,
Govindgarh, Jaipur (Raj.) Through Its Secretary Bajrang Singh
S/o Shri Gangu Ram Jat, Age 59 Years, R/o N.h. 52, Govindgarh,
Jaipur (Raj.).
----Petitioner
Versus
1. The State Of Rajasthan, Through Secretary, Government
Of Rajasthan, Department Of Animal Husbandry, Jaipur.
2. The Director, Department Of Animal Husbandry, Jaipur.
3. Rajasthan University Of Veterinary And Animal Sciences,
Bikaner, Through Its Registrar.
----Respondents
For Petitioner(s) : Mr.Awar Dan Ujjwal
For Respondent(s) :
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Order
25/05/2023
1. Learned counsel for the petitioner submits that the
controversy involved in the present writ petition has already been
decided by a 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
issue involved in this writ petition is no more res-integra in view of
the adjudication by a Constitution Bench of the Apex Court in the
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[2023/RJJD/017341] (2 of 3) [CW-6156/2023]
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."
3. Learned counsel for the petitioner submits that the petitioner
will file a detailed representation before the respondents within a
period of fifteen days from today and the respondents may be
directed to consider his representation 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 for the
petitioner, the present writ petition is disposed of while directing
the respondent to decide the representation of the petitioner in
accordance with law preferably within a period of two months from
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[2023/RJJD/017341] (3 of 3) [CW-6156/2023]
the date of receiving representation alongwith certified copy of
this order.
5. The order has been passed based on the submissions made
in the petition, the respondents would be free to examine the
veracity of the submissions made in the petition and only in case,
the averments made therein are found to be correct, the petitioner
would be entitled to the relief.
6. All pending applications also stand disposed of.
(DR.PUSHPENDRA SINGH BHATI), J.
87-Sudheer/-
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