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The Supreme Court has intervened in the recent controversy surrounding the Uttar Pradesh Board of Madarsa Education Act 2004, issuing a stay on the decision of the Lucknow bench of the Allahabad High Court. The High Court had declared the Act unconstitutional, citing breaches of secularism and fundamental rights outlined in Article 14 of the Constitution.
The Supreme Court, however, expressed reservations regarding the Allahabad High Court’s findings, particularly questioning whether the establishment of a Madarsa board truly breaches secular principles. In response to appeals challenging the High Court’s March 22 order, the Supreme Court has issued notices and temporarily halted the implementation of the judgment.
The Allahabad High Court’s ruling not only struck down the UP Board of Madarsa Education Act 2004 but also directed the state government to 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. Additionally, the High Court deemed the Act to be in violation of Section 22 of the University Grants Commission Act, 1956.
Highlighting concerns about the madrasa syllabi, the court observed that students are required to study Islam and its principles to progress to the next grade. It noted limitations in offering modern subjects, with students having the option to choose only one elective subject.
The Uttar Pradesh landscape hosts approximately 25,000 madrassas, of which 16,500 are officially recognized by the Uttar Pradesh Madrassa Education Board, with 560 receiving government grants. The state also has 8,500 unrecognized madrassas.
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