The plea filed by advocate Ashwini Kumar Upadhyay sought the introduction of a common syllabus and curriculum for children across the country, challenging the RTE Act 2009. The petitioner sought direction to bring Madrasas, Vedic Pathshalas, and educational institutions imparting religious instruction within the ambit of the Act.

The bench of Justice DN Patel and Justice Jyoti Singh sought responses from the Central Government and Delhi government and listed the matter for March 30, 2022.

As per the plea, Section 1(4) and 1(5) deprive educational excellence to Madrasas, Vedic Pathshalas, and educational institutions imparting religious instruction. As a result, the plea has sought direction to declare the related sections of the Right to Education Act 2009 as arbitrary irrational, and violative of Articles 14, 15, 16, 21, 21A of the Constitution.

The petition was moved by Ashwini Upadhyay, in the Delhi High Court after Supreme Court refused to hear the matter and advised the petitioner to approach the High Court.

The plea further added that the Right of children should not be restricted to only free and compulsory education but must be extended to equal quality education without discrimination on social-economic religious-cultural background thus common syllabus and curriculum is essential for all the children.

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