Thousands of madrassa students in Uttar Pradesh could find out today how their education will go when the Supreme Court makes a decision over the validity of the madrassa statute that the Allahabad High Court repealed.
The Madrassa Act is reasonable and is aimed at improving academic excellence, the top court said in its ruling, adding that the law is consistent with the states’ obligation to ensure a minimum level of competency.
Religious instruction may be imparted, but no student can be compelled to participate, the Supreme Court ruled but also noted that the right of the minority to administer education is not absolute, the state has the power to regulate standards of education.
The regulations on standards of education do not interfere with the right of minorities to administer education, the apex court noted.
A bench of Chief Justice of India DY Chandrachud and Justices JB Pardiwala and Manoj Misra, however, declared that the Act, to the extent where it regulated higher education in relation to ‘Fazil’ and ‘Kamil’ degrees, was in conflict with the UGC Act and to that extent, was unconstitutional.
The Supreme Court’s order, which was reserved on October 22, came after the Allahabad High Court in March 2024 held UP madrassa law to be unconstitutional and non-secular and directed for madrassa students to be adjusted in regular schools.
The order comes as a big relief to teachers and students of UP madrassas as the high court had ordered the closure of the seminaries and relocation of students to other schools in the state.
The bench heard a battery of lawyers on behalf of eight petitioners, including Anjum Kadari, besides Additional Solicitor General K M Natraj, who appeared for the Uttar Pradesh government, for almost two days before reserving the verdict.
In a breather for about 17 lakh madrassa students, the top court stayed the high court order on April 5.
Get the latest news updates and stay informed with FELA NEWS!
Source: CNBC News
