Disposed

Jeen Mata Veterinary Institute v. State of Rajasthan

Rajasthan HC9 Mar 2023CW/3459/2023

Case brief

AI extract

What is this about?

The High Court disposed of the writ petition and stay application. It directed the petitioner to file a representation to be considered by the respondents within two months, ensuring expeditious redressal without mandating a specific outcome.

What did the court decide?

Writ petition and stay application disposed of; direction to file representation within two weeks; respondents to decide representation within two months.

Jeen Mata Veterinary Institute Vs State of… — Education and Admissions | Rajasthan HC (2023)

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[2023/RJJD/006391]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Civil Writ Petition No. 3459/2023

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Jeen Mata Veterinary Institute, Kochhor, Kochhor Jeen Mata Road, Sikar, Rajasthan Being Run And Managed By Gurukul Shikshan Sansthan, Behind Circuit House, Jaipur Road, Sikar, Rajasthan Through Its Authorized Signatory Mahaveer Singh S/o Karni Dan, Aged 36 Years, R/o Ward No.3, Near Rto Office, Radha Kishanpura, Sikar, Rajasthan.

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----Petitioner

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Versus

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State Of Rajasthan, Through The Director, Animal Husbandry Department, Jaipur.

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

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

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----Respondents

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For Petitioner(s) : Mr. Mahaveer Singh, Authorized signatory of petitioner-Institute (present in person)

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HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI

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Order

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09/03/2023

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The lawyers are abstaining from work.

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The Authorized Signatory of the petitioner-Institute, present in person, submits that the controversy involved in the present writ petition has already been decided by a Coordinate Bench of this Court in Professor S Karan Shiksha Samiti Vs. State of Rajasthan & Ors. (S.B. Civil Writ Petition No.24692/2018 decided on 09.04.2019) .

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He further submits that the aforesaid view was taken by this Court in the light of the adjudication by a Constitution Bench of

[2023/RJJD/006391]

[CW-3459/2023]

(2 of 3)

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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“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.”

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He also submits that the petitioner-institute would be satisfied if representation, which the petitioner-institute 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 Coordinate 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) .

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In view of submissions made by the authorized signatory of the petitioner-Institute, present in person, the petitioner-institute 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.

[2023/RJJD/006391]

[CW-3459/2023]

(3 of 3)

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.

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It is made clear that aforesaid direction to decide the representation has been issued only with a view to ensure expeditious redressal of petitioner-institute’s grievance. The same may not be construed to be an order to decide the representation in a particular manner.

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The writ petition so also the stay application stand disposed of accordingly.

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(DR.PUSHPENDRA SINGH BHATI), J.

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162-Zeeshan

Jeen Mata Veterinary Institute v. State of Rajasthan

Case brief

What is this about?

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Jeen Mata Veterinary Institute v. State of Rajasthan

Case brief

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