New Delhi, India
The Allahabad High Court, Lucknow Bench, has made a significant decision, declaring the 'UP Board of Madarsa Education Act 2004' unconstitutional due to violations of secular principles. Justices Vivek Chaudhary and Subhash Vidyarthi presided over the case.
While the ruling has been announced, a detailed judgment is awaited, which will shed more light on the specifics of the decision and its implications. The matter was reserved for a verdict on February 8
What is the 'UP Board of Madarsa Education Act 2004'?
Passed by the Uttar Pradesh Legislative Assembly in 2004, it is an "act to provide for the establishment of a Board of Madarsa Education in the State and for the matters connected therewith or incidental thereto."
How will this ruling affect students?
The court has directed the Uttar Pradesh Government to formulate a scheme ensuring that students currently enrolled in Madrasas can seamlessly transition into the formal education system.
The backstory of the case: How did this start?
The Allahabad High Court verdict came after Anshuman Singh Rathore filed a writ petition, challenging various aspects of the Madrasa Board's functioning, including its management by the Minority Welfare Department, involving both the Union of India and the State government.
In October 2023, the Uttar Pradesh government formed an SIT to probe madrassas' funds from abroad and also surveyed the Islamic education institutions in the state.
Earlier, the court had expressed concerns about potential arbitrariness in the administration of educational institutions, emphasising the need for transparency and adherence to principles of equal opportunity and secular governance.
Legal representation
Advocates Aditya Kumar Tiwari and Ghulam Mohammad Kami represented the petitioner, while a team of advocates represented the respondents, including Afzal Ahmad Siddiqui, Amrendra Nath Tripathi, Anand Dwivedi, Iqbal Ahmad, Mahendra Bahadur Singh, Mohd. Kumail Haider, Sanjeev Singh, Shailendra Singh Rajawat, Sudhanshu Chauhan, Syed Husain, and Vikas Singh.