SC stays Allahabad High Court order striking down UP Madrasa law

NEW DELHI: The Supreme Court stayed till July second week, the Allahabad High Court’s March 22 verdict declaring the Uttar Pradesh Board of Madrasa Education Act, 2004, unconstitutional and violative of secularism and fundamental rights on Friday.

Commenting on the Allahabad HC’s March 22 verdict, a three-judge bench of the top court, headed by the Chief Justice of India (CJI) Dr Dhananjaya Yeshwant Chandrachud and also comprising Justice Justices JB Pardiwala and Manoj Misra pointed out that the said finding of the HC that the establishment of a Madrasa board, prima facie seemed, to breaches the principles of secularism may not be correct. It, said, it would examine the pleas later in a detailed manner in July second week.

The order of the top court seemed to bring a major relief for as many as 16 lakh students studying across around 16,000 Madrasas in the State of Uttar Pradesh.

The apex court passed the order after hearing a batch of appeals filed — against the HC order — by Anjum Kadari, Managers Association Madaris Arabiya (UP), All India Teachers Association Madaris Arabiya (New Delhi) and others.

“The object and purpose of Madarssa board is regulatory in nature and Allahabad High Court is not prima facie correct that establishment of board will breach secularism. It (High Court judgement) conflates Madrasa education with the regulatory powers entrusted with the Board. The judgment shall remain stayed,” the top court said in its order on Friday.

The HC had last month in its verdict held that the 2004 law was “unconstitutional” for violating the principle of secularism and directed the government to accommodate all Madrasa students in the formal education system.

On hearing the batch of appeals, the top court today also issued notice to Uttar Pradesh government and asked it to file its detailed reply and posted the matter for further hearing to July 2nd week.