This plea was moved before the Rajasthan High Court consisting of Chief Justice Indrajit Mahanty and Justice Vinit Kumar Mathur, it insisted that Rajasthan Madarsa Board Act 2020 is in conflict with the secular democratic nature of the State. The matter was heard on the 18th, as a result, the Court issued notice to the Rajasthan State Government and Union of India, and a further hearing is set in four weeks.
Background
Rajasthan Madarsa Board Act 2020, was notified in the Official Gazette on September 23, 2020, by the Rajasthan State Government. This plea was filed opposing this act, stating that it is in contravention to the secular and democratic nature of the State, which is stated to be the basic spirit of the Constitution of India.
The plea prays for the Act to be declared unconstitutional, illegal. It is also submitted that any matter regarding minority educational institutions is governed by the provisions of the National Commission for Minority Educational Institution Act, 2004, thus it is contrary to the provisions of the law enacted by the Parliament.
"For the promotion of a particular religious ideology between the minorities in the State of Rajasthan" has enacted this law under the protection of Articles 29 & 30. It has been submitted that the Madrasas need to reform and adapt the New Education Policy, so as to ensure modern secular education. The plea states,
"The Madrasas Establishment running in the State of Rajasthan has still not adopted the main Stream of the National Education Policy and they are also not governed from the program of the State Education and the examination conducted by the secondary board or Government."
The plea also seeks that the State can't enact any law for the propagation and promotion of any religious ideology.
Order of the Court
The Court has ordered to issue notice to the Union of India and Rajasthan State Government. The time that is required by the respondents is provided to them. The matter is again to be heard in four weeks.
Case details
Case title- Mukesh Jain v. State of Rajasthan
Bench- Chief Justice Indrajit Mahanty and Justice Vinit Kumar Mathur
Read Order@LatestLaws.com
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