The Supreme Court on Friday stayed the Allahabad High Court's judgment ruling the 2004 Uttar Pradesh Board of Madarsa Education Act as unconstitutional, reported Live Law.
“We are of the view that the issues raised in the petitions merit closer reflection,” said a bench comprising Chief Justice of India DY Chandracuhd and Justices JB Pardiwala and Manoj Misra.
The court issued a notice on the five special leave petitions filed against the High Court ruling. It also observed that the High Court erred in interpreting the provisions of the Act, which are regulatory in character.
The top court said that directions of the High Court would impact the future course of education of nearly 17 lakh students.
The Uttar Pradesh Board of Madarsa Education Act provides for madrasas in Uttar Pradesh to operate under the aegis of the state minority welfare department, unlike other minority educational institutes that operate under the education department.
Out of nearly 25,000 madrasas in Uttar Pradesh, more than 16,500 are recognised by the Uttar Pradesh Board of Madarsa Education, The Indian Express reported.
On March 22, the Allahabad High Court ruled that the Act was unconstitutional. A division bench of Justices Vivek Chaudhary and Subhash Vidyarthi directed the state government to accommodate students studying in Islamic schools in other educational institutions.
Hearing the case on Friday, the Supreme Court said if the High Court’s concern was to ensure that the students of Madarsas receive quality education, it could be resolved by issuing suitable directions to ensure that the students are not deprived of quality education rather than striking down the Act.
After the top court’s judgment, Uttar Pradesh Minister Danish Azad said that the state government would study the court’s decision and work on the guidelines it has received for Madarsa education, reported ANI.
“2017 onwards, our government has taken good steps for Madarsa education, to make it better in every way,” he said. “We have worked to bring madrasa students into the mainstream."
All India Muslim Personal Law Board member Maulana Khalid Rasheed Farangi Mahali welcomed the Supreme Court order and said that the students and teachers are happy after it.
“In Uttar Pradesh, approximately 17 lakh students are getting education under the Madrasa board,” said Mahali, reported ANI. “Thousands of teachers and other staff are involved in it. It [the High Court judgement] was a big question mark on their future that created a kind of distress in the people.”
The High Court ruling had come amid a crackdown on Islamic educational institutions by the state’s Bharatiya Janata Party-led government. In October, a Special Investigation Team was formed to investigate the madrasas’ sources of alleged foreign funding.
In December, the team claimed that 80 madrasas in the state had received around Rs 100 crore from abroad over the past three years.
Limited-time offer: Big stories, small price. Keep independent media alive. Become a Scroll member today!
Our journalism is for everyone. But you can get special privileges by buying an annual Scroll Membership. Sign up today!