Rajasthan High Court - Jodhpur
Modern Institute Of Veterinary ... vs State Of Rajasthan ... on 4 October, 2023
Bench: Pushpendra Singh Bhati
[2023:RJ-JD:32465] (1 of 2) [CW-15506/2023]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 15506/2023
Modern Institute Of Veterinary Sciences, Mukundgarh Mandi,
Jhunjhunu, Rajasthan Being Run And Managed By Modern Public
School Shikshan Samiti Mukundgarh Mandi, Jhunjhunu,
Rajasthan Through Its Secretary Raman Kumar S/o Shri
Shubhkarn, Aged 50 Years, R/o Mukundgarh (Rural),
Mukundgarh, Jhunjhunu, 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) : Ms. Swati Shekhar.
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Order
04/10/2023
1. Learned counsel for the petitioner-institution 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.
2. 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
of the land in the case of Islamic Academy of Education Vs. State
of Karnataka : 2003 (6) SCC 679, which reads thus:
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[2023:RJ-JD:32465] (2 of 2) [CW-15506/2023]
"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-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 in the case of Professor S Karan
Shiksha Samiti (supra).
4. In view of submissions made by learned counsel for the
petitioner-institution, respondents are directed to decide the
representation of the petitioner-institution in accordance with law
preferably within a period of three months from the date of
receiving representation along with certified copy of this order.
5. The writ petition as well as stay petition are disposed of.
(DR.PUSHPENDRA SINGH BHATI), J.
597-/Jitender//-
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