PIL before Gujarat HC challenging the resolution of mandating the learning of Bhagavad Gita for students in the upcoming academic year.

Case: Jamiat Ulama-e-Hind Gujarat v Union of India

Bench: Chief Justice Aravind Kumar and Justice Ashutosh J Shastri

The Gujarat High Court sought the State and Central government's response in public interest litigation (PIL) challenging a resolution by the State's Department of Education mandating the learning of Bhagavad Gita for students of classes 6 - 12 in the upcoming academic year. 

According to Jamiat Ulama-e-Hind, the petitioner, the resolution was a colorable exercise of power, violating Articles 14, 28 and other fundamental rights, and also against the principle of secularism, which is a fundamental feature of the Constitution. According to the petitioner, Article 28 of the Constitution prohibits religious instruction in any educational institution wholly funded by state funds, and therefore, the resolution violated Article 28 as well.

The petitioners expressed concern that educating students in only one religion would indoctrinate impressionable minds with the superiority of one religion over others, which in turn would affect the exercise of free choice and conscience guaranteed under the constitution. The petitioner further contended that the resolution gave preferential treatment to one religion over others, which violated constitutional morality.

The PIL emphasized moral values in a secular state and sought the resolution to stay. 

The division bench listed the case for further hearing and issued notice to the government but refused to entertain the petitioner's plea of stay.