The fundamental right to establish educational institutions is not absolute and is subject to regulations and laws imposing reasonable restrictions.

JUDGMENT

Vijay Bishnoi, J. - 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 further submits that the aforesaid view was taken by this Court in the light 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:

'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 would be satisfied if representation, which the petitioner-institution 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 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, the petitioner-institution 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 respondent 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 expeditious redressal of petitioner-institution'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 the stay application stand disposed of accordingly.