Rajasthan High Court directs government to list steps to regulate 3,000 madrasas in state

Plea before court

The court noted that the petition raised a serious question about the regulations governing the functioning and operation of madrasas in the state.

It highlighted the noticeable absence of effective control, supervision, and regulatory oversight by the state of Rajasthan or by the competent authorities and institutions having expertise in the field of education, particularly with regard to extending necessary assistance, guidance, and supervision to madrasas.

Justices Vinit Kumar Mathur and Chandra Shekhar Sharma listed the matter for further hearing on October 27.

The counsel for the petitioner argued that even the guidelines for the operation of these madrasas were not proper for effective governance and operation, and hence an effective mechanism was required for the same in the state.

It was submitted that the Rajasthan Madarsa Board Act, 2020, does not have any effective provisions or mechanism to properly control the imparting of education in madrasas. The petitioner sought directions to the state to put in place a framework for their proper management and to ensure that education was imparted by qualified teachers.

The suggestions placed before the court included preparing a report on madrasas providing secondary and senior secondary education, reviewing their registrations and affiliations, and reconsidering financial assistance to institutions operating as secondary schools while registered with the Madarsa Board.

The petitioner also suggested that the state prepare a syllabus for primary and upper primary madrasas and introduce common examinations under the supervision of district-level education authorities.

The petitioner further sought measures to ensure that children studying in madrasas receive school education in accordance with the Right to Education Act, 2009. He also urged the authorities to examine registered and unregistered madrasas against prescribed educational norms and take appropriate action against those failing to meet them.

Taking note of the submissions, the court directed the state to place before it a detailed account of the steps that could be taken to improve the management and regulation of madrasas, including consideration of the petitioner’s proposals. It listed the matter for further hearing on October 27.