The Supreme Court on Friday put on hold the Allahabad High Court order that had declared the Uttar Pradesh Madarsa Act unconstitutional. The Supreme Court verdict effectively stays the Allahabad High Court's direction that 17 lakh students and 10,000 teachers of the madarsas be adjusted within the state education system.
Last month, the Allahabad High Court declared the Uttar Pradesh Board of Madarsa Education Act, 2004, violative of the principle of secularism. The High Court had also asked the Uttar Pradesh government to accommodate the students in the formal schooling system.
There are around 25,000 madarsas in Uttar Pradesh. Of them, around 16,000 are recognised by the Uttar Pradesh Madrassa Education Board.
A three-judge bench of the Supreme Court, headed by Chief Justice DY Chandrachud, issued notices to the Centre and the Uttar Pradesh government.
The court further said that the High Court had misconstrued provisions of the Madarsa Act as it does not provide for religious instruction.
"The object and purpose of Madarsa board is regulatory in nature and the Allahabad HC is not prima facie correct that establishment of the board will breach secularism," the Supreme Court said.
Noting that the petition before the Allahbad High Court was meant to ensure that madarsas provide secular education, the Supreme Court said the remedy was not to strike down the legislation.
The Allahabad HC ruling came on a petition filed by advocate Anshuman Singh Rathore. Rathore had challenged the constitutionality of the UP Madarsa Board.
The court further said that the High Court order would "impinge" on the future of education for all the 17 lakh children. "We are of the view that this direction was not prima facie warranted," the court further said.
The Madarsa Education Act, 2004, included education in Arabic, Urdu, Persian, Islamic-studies, philosophy and other branches of learning as specified by the Uttar Pradesh Board of Madarsa Education.
The Allahabad HC, while striking down the legislation, had said the state cannot discriminate between religions while performing its duties.
