- (1.) The petitioner who is an elected representative of the Zila Panchayat, Aligarh has moved these proceedings. While invoking the jurisdiction in a public interest litigation, he seeks the following relief: "i. Issue a writ, order or direction in the nature of mandamus commanding the State Government or its agent too compel the Madarsa's to unfurl National Flag and pay due respect to it on Independence Day and Republic Day respectively."
(2.) The averments in the petition are that Madarsas in the State of Uttar Pradesh are recognized by the Board established under Section 3 of the Uttar Pradesh Board of Madarsa Education Act, 2004. The petitioner submits that every educational institution recognized under legislation enacted by the state legislature must ensure observance of the duties cast by the Constitution, one of them being respect for the National Flag and the National Anthem. The basis on which the petition has been moved is stated in paragraph 9 and ground-II of the petition as follows: "That it is a matter of common knowledge that none of the Madarsa located in State of Uttar Pradesh unfurl National Flag on Independence Day and Republic Day."
(3.) On 1 September 2015, the learned Standing Counsel had placed on the record the instructions which were received by him from the Collector, Aligarh, stating that in his district, all Madarsas do observe the flag hoisting ceremony on the occasion of Independence Day and Republic Day.;