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2024 Supreme(All) 484

VIVEK CHAUDHARY, SUBHASH VIDYARTHI
Anshuman Singh Rathore – Appellant
Versus
Union of India Thru. Secy. Ministry of Edu. New Delhi – Respondent


Advocates Appeared:
For the Petitioner: In Person, Aditya Kumar Tiwari, Ghulam Mohammad Kamil, Pt. S. Chandra, Akber Ahmad (Amicus Curiae), Gaurav Mehrotra (Amicus Curiae), Madhukar Ojha (Amicus Curiae), Mohammad Imran, R.N. Gupta, Anurag Tripathi, Ashok K.Mishra, Aftab Ahmad, Nitin Kumar Mishra, Azhar Faiz Khan, Vinod Kumar Pandey, Madan Mohan Srivastava
For the Respondent: A.S.G.I., Afzal Ahmad Siddiqui, Amrendra Nath Tripathi, Anand Dwivedi, Iqbal Ahmad, Mohd. Kumail Haider, Sanjeev Singh, Shailendra Singh Rajawat, Sudhanshu Chauhan, Syed Husain, Vikas Singh, Afzal Siddiqui, Gauri Shankar Maurya, Mahendra Bahadur Singh, Prem Shanker Trivedi, Ghulam Mohammad Kamil

JUDGMENT :

(A)

Reference Order And Introductory Facts

(B)

Submissions Of Parties

(C)

Preliminary Objection

(D)

History Of Madarsas In State Of U.P. And Relevant Provisions Of Madarsa Act And Regulations

(E)

Grounds Of Challenge:

 

(I) Violative Of Secularism Article 14

 

(II) Violative Of Articles 21 And 21-A

 

(III) Conflict Of Madarsa Act And U.G.C. Act

(F)

Conclusion

(A) REFERENCE ORDER AND INTRODUCTORY FACTS

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: -

    “1. Heard learned counsel for petitioner.

    2. Sri Alok Sharma, learned Additional Chief Standing Counsel has accepted notices on behalf of opposite party no.1 and 3, Sri Afzal Siddiqui, learned counsel has accepted notices on behalf of opposite party no.2.

    3. Issue notice to opposite party no.4 returnable at an early date.

    4. Petitioner has filed present writ petition claiming that he was appointed as part-time assistant teacher in the year 2011 for the primary Section of respondent no.4 Madrasa Nisarul Uloom Shahzadpur, Akbar

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