The Allahabad High Court ordered the de-sealing of an unrecognised madarsa in Uttar Pradesh, asserting that while the state government can deny aid to such institutions, it cannot stop their functioning solely on the ground of lack of recognition.
The High Court delivered the judgment while hearing a petition filed by the Committee of Management of Madarsa Ahle Sunnat Imam Ahmad Raza, which had approached the court challenging the order of the Shrawasti District Minority Welfare Officer directing the madarsa to stop functioning due to its unrecognised status.
Counsel for the petitioner argued that Regulation 13 of the Uttar Pradesh Non-Governmental Arabic and Persian Madarsa Recognition, Administration and Services Regulation, 2016 merely makes unrecognised madarsas ineligible for state grants. There is no provision for shutting down a madarsa for being unrecognised.
The petitioner relied on the Supreme Court’s ruling in In re: Kerala Education Bill, 1957, which classified minority educational institutions into three categories: those seeking neither aid nor recognition, those seeking aid, and those seeking only recognition. The Court held that institutions in the first category are protected under Article 30(1). The petitioner argued that since it sought neither aid nor recognition, it was entitled to constitutional protection.
The State’s counsel contended that allowing unrecognised madarsas to function could lead to complications over students claiming benefits after graduation. However, Justice Subhash Vidyarthi observed that there is no provision in the relevant regulations authorising authorities to shut down a madarsa merely because it lacks recognition.
While ordering the de-sealing of the madarsa, the Court clarified that the institution would not be entitled to any government grants until it receives recognition. It further stated that the Madarsa Education Board is not obligated to allow its students to appear in board examinations, and students cannot claim any state-related benefits based on qualifications obtained from the madarsa.
