Delhi HC Issues Notice On PIL Challenging Exclusion Of Madrassas And Vedic Pathshalas From Abmit Of RTE Act

Delhi High Court today issued notice in a PIL challenging exclusion of Madrassas and Vedic Pathshalas from the preview of the RTE Act and seeking a uniform education across Madrassas and Vedic Pathshalas.

A Division Bench of Chief Justice of D.N Patel and Justice Jyoti Singh issued notice to the Center and the Delhi Government on a PIL filed by Ashwini Kumar Upadhyay. The Petitioner appeared in person before the High Court.

Advocate Hussain Taqvi appeared for Union of India and Advocate Santosh Kumar Tripathi for Government of NCT of Delhi

The Petitioner contended that the Right to Education Act should be implemented without any discrimination.

To this, the Bench responded, "We have already issued notice".

The Petition seeks a declaration that Section 1(4) and 1(5) of the RTE Act, 2009 is arbitrary irrational and contrary to Articles 14, 15, 16, 21, 21A, and the Preamble of the Constitution.

The plea contends that the purpose of the RTE Act is to impart quality education, but Sections 1(4) and 1(5) deprive educational excellence to Madrasas, Vedic Patshalas & educational institutions imparting religious instruction.

Section 1(4) of the RTE Act states that the act is subjected to the rigours of Article 29 and 30 of the Constitution, while 1(5) exempts Madrasas and Vedic Pathsalas from the rigours of the Education Act.

The petition further states that compulsory education which mandates every child to attend school, does not provide for a common curriculum.