In a landmark ruling, the Lucknow Bench of the Allahabad High Court has deemed the ‘UP Board of Madarsa Education Act 2004’ as unconstitutional, citing a violation of the principle of secularism.
The Division Bench, comprising Justice Vivek Chaudhary and Justice Subhash Vidyarthi, declared the law as ultra vires and directed the Uttar Pradesh Government to formulate a scheme ensuring the accommodation of students currently enrolled in Madrasas into the formal education system.
This ruling marks a pivotal moment following the State Government’s initiative to survey Islamic educational institutions and the formation of a Special Investigation Team (SIT) in October 2023 to investigate foreign funds received by Madrasas. The High Court’s decision stems from a writ petition filed by Anshuman Singh Rathore, challenging the validity of the UP Madarsa Board and questioning the management of Madrasas by the Minority Welfare Department, both at the Union and State levels, along with other related issues.
In December 2023, the Division Bench raised concerns regarding potential arbitrariness and stressed the need for transparency in the administration of educational institutions. Notably, the High Court had, in October 2019, referred essential questions surrounding the functioning and structure of the Madrasa board to a Larger Bench (Writ Petition No.29324 (S/S) of 2019: Mohammad Javed Vs. State of U.P. and others).
