ANSHUMAN SINGH RATHORE Vs. UNION OF INDIA

JUDGEMENT

(1.) A Single Judge Bench hearing Writ A No. 29324 of 2019 (Mohammed Javed versus State of U.P. and others), passed the following order on 23/10/2019: -

(2.) Thereafter, on the basis of the aforesaid reference order, other writ petitions, namely, Writ A No. 3735 of 2012, 5548 of 2014, 3615 of 2020 and Writ (C) No. 481 of 2020, were also referred to the Larger Bench.

(3.) The matters referred were nominated to different Benches, but, could not be taken up. Finally, by order dtd. 18/5/2023 of the Chief Justice, the present Bench was nominated to hear the reference. Writ (C) No. 6049 of 2023 (Anshuman Singh Rathore versus Union of India and others) was filed meanwhile, challenging the vires of the U.P. Board of Madarsa Education Act, 2004 (for short 'the Madarsa Act') on the ground that the same violates the principle of Secularism, which forms a part of the basic structure of the Constitution of India as well Articles 14, 15 and 21-A of the same. He further challenges Sec. 1(5) of Right of Children to Free and Compulsory Education Act, 2009 (for short 'the R.T.E. Act') This Writ Petition was also nominated to this Bench by order dtd. 31/7/2023 of the Chief Justice. Hence, all these matters with regard to vires of the Madarsa Act are before us.