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The Supreme Court has stayed the order of Allahabad High Court dated 22 March. In its order, the High Court had declared the ‘UP Board of Madrasa Education Act 2004’ unconstitutional. The Supreme Court said that it is not correct for the Allahabad High Court to say that the Madrasa Board violates the secular principle of the Constitution.
Along with this, the Supreme Court has also put a stay on the process of accommodating 17 lakh students and 10 thousand teachers of the Madrasa Board in other schools. A bench of Chief Justice DY Chandrachud, Justice JB Pardiwala and Justice Manoj Mishra has also issued notice to the Central Government and the Government of Uttar Pradesh in this matter.
The High Court had declared it unconstitutional
A lawyer named Anshuman Singh Rathore had filed a petition in the High Court challenging the constitutionality of the UP Madrasa Act, on which the High Court had considered the Madrasa Act unconstitutional and ordered its abolition. The division bench of Justice Vivek Chaudhary and Justice Subhash Vidyarthi of the High Court said in its order that ‘the government does not have the power to form a board for religious education or to form a school education board for any particular religion.’ The Lucknow bench of the Allahabad High Court in its order had directed the state government to accommodate the students studying in the madrasas of the state in other schools.
The High Court had also said in its order that the Madrasa Act also violates Section 22 of the ‘University Grants Commission (UGC) Act 1956’. According to media reports, 16,513 registered and 8,449 unregistered madrasas are operating in Uttar Pradesh. About 25 lakh students study in them.
