Calling the question raised “very serious”, the Rajasthan High Court has asked the State to file a detailed affidavit on effective steps for the management, control and operation of about 3,000 madarsas, in a petition that questions the Rajasthan Madarsa Board Act, 2020 and the rules governing these institutions; the Court has not examined the petitioner’s contentions on merits.
Jodhpur: The Rajasthan High Court has directed the Additional Advocate General to file a detailed affidavit suggesting effective steps that can be taken for the management, control and operation of madarsas in the State, in a writ petition concerning the functioning of around 3,000 madarsas in Rajasthan [Pratipal Singh v. State of Rajasthan].
A Division Bench of Justice Vinit Kumar Mathur and Justice Chandra Shekhar Sharma passed the order on September 28, 2026 in D.B. Civil Writ Petition No. 7556/2021, which is connected with D.B. Civil Writ Petition No. 7555/2021.
‘A very serious question’
Recording the nature of the petition, the Bench observed:
“A very serious question has been raised in the present writ petition concerning the functioning and operation of approximately 3,000 Madarsas in the State of Rajasthan.”
The Court noted that the petition, among other things, questions the rules and regulations governing the madarsas and highlights what it describes as the absence of effective control, supervision and regulatory oversight by the State or by competent authorities and institutions with expertise in education, particularly in extending assistance, guidance and supervision to these institutions.
The petitioner’s submissions
Counsel for the petitioner submitted that even the guidelines for the operation of madarsas in Rajasthan are not proper for effective governance, and that the Rajasthan Madarsa Board Act, 2020 does not contain effective provisions and mechanisms to control the imparting of education in them. He prayed that the State be directed to incorporate provisions of law for effective management and control of madarsas and for education by competent teachers.
The petitioner has put forward a set of suggestions, which the Court reproduced in its order. They include, in summary, the following:
- Reports by the Madarsa Board and the Minority Department, and by the RBSE and CBSE, on madarsas conducting secondary and senior secondary education with board affiliation, and a re-examination of their registration and affiliation;
- A syllabus for primary and upper primary madarsas and common examinations under the District Institutes of Education and Training;
- A portal recording details of children admitted to madarsas, with a unique identification number linked to Aadhaar;
- No remuneration from the Madarsa Board for teachers without a diploma or degree in education, and no payment from State funds to religious teachers appointed by madarsa societies or private bodies;
- A decision on the recommendations of July 21, 2025 made by the District Education Officer, Jodhpur, on an inquiry into alleged illegalities and fraud by various madarsas;
- Directions in terms of the recommendations of the National Commission for Protection of Child Rights, including on admission of non-Muslim children to madarsas, and steps to ensure that all children attending madarsas receive school education in terms of the Right to Education Act, 2009;
- A report on all registered and unregistered madarsas, closure and cancellation of registration of those not meeting the norms of primary and upper primary schools, and reversion of land occupied by them to the District Collector.
These are the petitioner’s suggestions and prayers. The Court has not adjudicated on them.
Direction to the State
In these circumstances, the Bench directed Additional Advocate General B. L. Bhati to file a detailed affidavit, and to take the petitioner’s suggestions into consideration while doing so:
“Mr. B.L. Bhati, learned Additional Advocate General, in these circumstances, is directed to file a detailed affidavit suggesting effective steps, which can be taken for effective management, control and operation of the Madarsas in the State of Rajasthan.”
The matter has been listed for further hearing on October 27, 2026.
Why The Order On Madarsas Matters
The petition, filed in 2021, is now being taken forward by asking the State to state its own position on how madarsas in Rajasthan can be better managed and supervised. The Court has made no finding on the adequacy of the Rajasthan Madarsa Board Act, 2020, and the State’s response, due by the next date, will shape how the petitioner’s suggestions are examined.
Case Title: Pratipal Singh v. State of Rajasthan [D.B. Civil Writ Petition No. 7556/2021, with D.B. Civil Writ Petition No. 7555/2021]
Bench: Justice Vinit Kumar Mathur and Justice Chandra Shekhar Sharma, Rajasthan High Court, Jodhpur
Date of Order: September 28, 2026
Appearances: Advocate Moti Singh for the petitioner; Additional Advocate General B. L. Bhati, through Advocate Deepak Chandak, and Senior Central Government Standing Counsel B. P. Bohra, through Advocate Vaibhav Bhansali, with Advocates Rishabh Tayal, Muskan Jangid, Shyam Sunder Paliwal and Jogendra Singh, for the respondents