Allahabad HC strikes down 'UP Board of Madarsa Education Act 2004', calls it 'unconstitutional'
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Allahabad, Mar 22: In a significant development, the Allahabad High Court declared the 'UP Board of Madarsa Education Act 2004' as unconstitutional, citing "a breach of the principle of Secularism". Justices Vivek Chaudhary and Subhash Vidyarthi directed the Uttar Pradesh government to frame a plan to integrate students currently enrolled in Madrasas into the formal education system.
This verdict came after the state government initiated a survey of Islamic educational institutions and formed a Special Investigation Team (SIT) in October 2023 to investigate funds received by madrassas from abroad.
In December 2023, the division bench raised its concerns regarding potential arbitrariness and the need for transparency in the administration of educational institutions, highlighting the broader question of whether such measures align with principles of equal opportunity and secular governance.
Notably, in October 2019, the High Court referred certain critical questions concerning 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).
Notably, a writ petition lodged by Anshuman Singh Rathore had challenged the legitimacy of the UP Madarsa Board and contested the administration of Madarsas by the Minority Welfare Department, both at the Union and State levels, along with other related issues.
In December 2023, the division bench raised its concerns regarding potential arbitrariness and the need for transparency in the administration of educational institutions, highlighting the broader question of whether such measures align with principles of equal opportunity and secular governance.
Notably, in October 2019, the High Court referred certain critical questions concerning 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).