New Delhi: Two weeks after Allahabad High Court ruled that the Uttar Pradesh Madrasa Act was unconstitutional, the Supreme Court has put that order on hold.
The top court’s verdict on Friday effectively stays Allahabad High Court’s direction that 17 lakh students and 10,000 teachers of madrasas in UP be adjusted within the state education system.
A three-judge bench, headed by Chief Justice of India (CJI) D Y Chandrachud, issued notices to the Centre and Uttar Pradesh government.
On March 22, Allahabad High Court declared that the Uttar Pradesh Board of Madarsa Education Act, 2004, violated the principle of secularism and asked the state government to accommodate the students in the formal schooling system.
The top court said that the high court had misconstrued provisions of the Madrasa Act as it does not provide for religious instruction.
“The object and purpose of Madarsa board is regulatory in nature and the Allahabad HC is not prima facie correct that establishment of the board will breach secularism,” the Supreme Court said.
The CJI said advocate Anshuman Singh Rathore’s petition before high court challenging the constitutionality of UP Madrasa board was meant to ensure that madrasas provide secular education, and the remedy was not to strike down the legislation.
The SC observed that Allahabad High Court’s order would “impinge” on the future of education for 17 lakh children.
“We are of the view that this direction was not prima facie warranted,” the apex court said.
Of the 25,000 madrasas in Uttar Pradesh, around 16,000 are recognised by Uttar Pradesh Madrasa Education Board.
The Madarsa Education Act, 2004, included education in Arabic, Urdu, Persian, Islamic-studies, philosophy as specified by Uttar Pradesh Board of Madarsa Education.
While striking down the legislation, the high court had said the state can’t discriminate between religions while performing its duties.
