Rajasthan High Court Directs State To File Measures For Management, Control Of 3,000 Madarsas

The Rajasthan High Court has directed the State Government to place on record the measures that can be taken for the effective management, control, and operation of approximately 3,000 Madarsas functioning across the State. 

While listing the matter for October 27, 2026, the Division Bench of Justice Vinit Kumar Mathur and Justice Chandra Shekhar Sharma observed:

"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. He is further directed to take into consideration the suggestions given by the petitioner for improving the situation of the Madarsas operating in the State of Rajasthan". 

A writ petition was filed before the court concerning the Rules and Regulations which govern such Madarsas. The petition highlighted the absence of effective control and supervision by the State or competent authorities. 

 The counsel for the petitioner submitted that even the guidelines for the operation of these Madarsas are not proper for effective governance and operation, and therefore an effective mechanism is required. It was argued that under the Rajasthan Madarsa Board Act, there is no mechanism to properly control the imparting of education. 

Therefore, the petitioner prayed that the Government take effective steps to remedy the aforementioned issues. The petition also listed a number of measures that could be taken, including

- Identify Madarsas imparting secondary and senior secondary education with affiliation from Rajasthan Board of Secondary Education or Central Board of Secondary Education, and bring such institutes within National Education Policy, 2020

- Review the registration or affiliation of recognised schools allegedly running Madarsas along with secondary education. 

- Stop assistance/grants to Madarsas registered for secondary/senior secondary education and cancel their Madarsas Board Registration

- Prepare a common syllabus for primary/upper primary Madarsas students and conduct common examinations through district DIETs

- Create a portal recording students enrolled in Madarsas and assign them unique identification numbers linked with Aadhaar. 

- Withhold salary/remuneration from teachers lacking prescribed education qualifications and discontinue unqualified contractual teachers, para-teachers and computer teachers. 

- Stop payment from State funds to religious teachers appointed by Madarsa Societies and private bodies for religious education

- Direct the concerned education authorities to act on July 21, 2025 recommendations concerning alleged irregularities and fraud by various Madarsas

- Implement recommendations concerning admission of non-Muslim children for Madarsas for religious education, including shifting them to schools providing education under the Right to Education Act, 2009

- Ensure Muslim children attending Madarsas also receive school education in accordance with the Right to Education Act

- Survey registered and unregistered madarsas imparting education, close those failing primary/upper-primary school norms, cancel their registration and return allotted/occupied government land to the concerned District Collector. 

Considering the suggestions and taking serious note of the issue, the bench directed the State to file a detailed affidavit and to take into consideration the petitioner's suggestions. 

Accordingly, the matter was listed for October 27, 2026. 

For Petitioner: Advocate Moti Singh 

For Respondent: Additional Advocate General BL Bhati with Advocates Vaibhav Bhansali, B.P. Bohra, Rishabh Tayal, Muskan Jangid, Deepak Chandak, Shyam Sunder Paliwal and Jogendra Singh