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Case Title: Pratipal Singh  Versus  State Of Rajasthan & Ors.
Case No.: D.B. Civil Writ Petition No. 7555/2021

Decided on: 13/07/2023

Coram: HON’BLE THE CHIEF JUSTICE AUGUSTINE GEORGE MASIH &

HON’BLE MR. JUSTICE VINIT KUMAR MATHUR

Facts of the case:

The court was hearing the PIL filed by Mukesh Kumar Jain in 2021, to declare the enactment of Rajasthan Madarsa Board Act, 2020, as unconstitutional. The plea submits that the Act should be declared ultra vires to the preamble of the Constitution of India and the concept of the establishment of the Secular Democratic Republic of India.

The details of the Curriculum, the mode of selection and appointment of the staff, the control and management of the Madarsa as also the aspect with regard to the question as has been sought to be raised about the religious education having been imparted through the Madarsas.

“The enactment of Rajasthan Madarsa Board Act, 2020 is against the theory of secular Democratic State and also make a discrimination with the other minority community except Muslims of State, thus, may kindly be quashed and set aside being a discriminatory law,” argues the plea.

 

Judgement:

The bench of Chief Justice August therein the details of the Curriculum, the mode of selection and appointment of the staff, the control and management of the Madarsa as also the aspect with regard to the question as has been sought to be raised about the religious education having been imparted through the Madarsas.”

 

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Written by: Mahima Saini