The Supreme Court has issued a stay on the decision of the Lucknow bench of the Allahabad High Court, which had declared the 'UP Board of Madarsa Education Act 2004' unconstitutional.
Supreme Court says the finding of Allahabad High Court that the establishment of a Madarsa board breaches the principles of secularism may not be correct.
Supreme Court issues notice on appeals challenging the High Court March 22 order.
In its ruling, the Allahabad High Court deemed the 'UP Board of Madarsa Education Act 2004' to be in breach of both the principle of secularism and the fundamental rights outlined in Article 14 of the Constitution.
The High Court also instructed the state government to promptly facilitate the transfer of madrasa students to mainstream schools recognized by the Primary Education Board and the High School and Intermediate Education Board of Uttar Pradesh.
Furthermore, the High Court bench stated that the madrasa Act violates Section 22 of the University Grants Commission Act, 1956.
Upon reviewing the madrasa syllabi, the court observed that students must study Islam and its principles to advance to the next grade. It noted that while modern subjects are either incorporated or provided as electives, students have the option to choose only one elective subject.
Approximately 25,000 madrassas exist in Uttar Pradesh, out of which 16,500 are officially recognised by the Uttar Pradesh Madrassa Education Board. Among these, 560 receive government grants. Additionally, there are 8,500 unrecognized madrassas in the state.
