Shri Jeetendra Godardas Slbs ... vs State Of Rajasthan ...
2023 Latest Caselaw 7278 Raj

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      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
                 S.B. Civil Writ Petition No. 14151/2023

Shri Jeetendra Godardas Slbs Veterinary Institute, Sojat Road,
Pali, Rajasthan Being Run And Managed By Maa Sarswati
Shikshan Sansthan, Jodhpur Through Its Authorized Signatory
Niranjan Kumar S/o Shri Babu Lal, Aged About 35 Years,r/o
Dhanapa, District Nagaur (Rajasthan).
                                                                          ----Petitioner
                                         Versus
1.       State       Of   Rajasthan,         Through        The       Director,   Animal
         Husbandry Department, Jaipur.
2.       Deputy Secretary Of 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
For Respondent(s)               :



      HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI

                                          Order

15/09/2023

1.    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).

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

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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."

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 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).

4.    In view of submissions made by learned counsel for the

petitioner-institution,   respondent            is   directed    to    decide    the

representation of the petitioner-institution in accordance with law



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                                   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.

222-Sudheer/-

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