Back
VIJAY BISHNOI
Mateshwari Veterinary Diploma College – Appellant
Versus
State Of Rajasthan – Respondent
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 profession
The right to establish an educational institution is subject to regulations and laws imposing reasonable restrictions. Recognition or affiliation of professional institutions must be in terms of stat....
The fundamental right to establish educational institutions is not absolute and is subject to regulations and laws imposing reasonable restrictions.
The fundamental right to establish an educational institution, including a professional institution, is subject to regulations and laws imposing reasonable restrictions in public interest.
The main legal point established in the judgment is that the State cannot impose a limit on the admission of students from the minority community to an unaided minority professional institution, as e....
The fixation of government seat quotas in unaided minority institutions is unconstitutional and violates their fundamental right to autonomy under Article 30(1) of the Constitution.
The right of minority educational institutions to establish colleges is subject to satisfying statutory conditions of need and infrastructure as per the Andhra Pradesh Education Act.
An institution must be established and administered by a minority to qualify as a Minority Institution under U.P. Act No.24 of 2006.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
