According to reports, on March 21, the Lucknow bench of the Allahabad High Court declared the Uttar Pradesh Madrassa Education Board Act, 2004 as ‘unconstitutional’. Hindustan Times.
The bench also directed the Yogi Adityanath-led state government to accommodate students studying in madrassas in other schools.
The Lucknow bench comprised Justice Vivek Chaudhary and Justice Subhash Vidyarthi. The report said he passed an order on a petition filed by Anshuman Singh Rathod, who challenged the constitutional validity of the Act and certain provisions of the Right of Children to Free and Compulsory Education (Amendment) Act, 2012.
Also read: Gyanvapi case: Allahabad HC rejects plea challenging Hindu prayers in basement
The court’s new order came months after the state government decided to survey Islamic education institutions in Uttar Pradesh. In October 2023, it also constituted a Special Investigation Team (SIT) to probe funding of madrassas from abroad.
The SIT team in its report recommended action against over 8,000 madrassas and alleged that around 80 madrassas in border areas had received foreign funding. 100 crores.
In December 2023, a division bench raised concerns about possible instances of arbitrary decision-making and the need for transparency in the administration of such educational institutions.
It may be noted that in its last hearing, the High Court had questioned both the Union of India and the State Government regarding the logic behind operating the Madrassa Board under the purview of the Minority Department instead of the State Education Department. ,
Under the Act, madrassas function under the state Ministry of Minority Welfare. So the question arises whether it is arbitrary to provide Madrasa education under the Minority Welfare Department, and all other educational institutions belonging to other minority communities like Jains, Sikhs, Christians etc. are run under the Ministry of Education. ,
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Published: March 22, 2024, 05:26 PM IST