New Delhi: Challenging the provision of the Right to Education Act (RTE)-2009, the Delhi High Court on Tuesday issued a notice to the Central Government and sought its response in the matter of seeking to bring madrasas and Vedic Pathshalas under the purview of the law. Lawyer Ashwini Upadhyay, while filing the PIL, has said that Sections one (4) and one (5) of the RTE Act deprive madrassas, Vedic pathshalas and educational institutions imparting religious education from educational excellence.
Ashwini Upadhyay has demanded a direction to declare the relevant sections of the RTE Act-2009 as arbitrary and irrational under Article 14, 15, 16, 21, 21-A of the Constitution. Let us inform that Ashwini Upadhyay has filed a petition in the Delhi High Court after the Supreme Court refused to hear the case and advised the petitioner to go to the High Court.
The Supreme Court had earlier said that, 'We are of the opinion that the petitioner should approach the High Court by mediating a petition under Article 226 of the Constitution of India.' The top court had further said that the court asks the petitioner to withdraw this writ petition and approach the High Court. We make it clear that we have not expressed any opinion on the merits of the matter.
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