Allahabad High Court strikes down UP Madrasa Act
Allahabad High Court on Friday declared the UP Board of Madrasa Education Act, 2004, as unconstitutional, ruling that it was violative of the principle of secularism, articles 14, 21, 21-A of the Constitution as well as section 22 of the University Grants Commission, Act of 1956.
The court, considering the large number of madrasas and madrasa students in the state, directed the state government to accommodate these students in regular schools recognised under the primary, high school and intermediate education boards of the state. It also said that additional seats be created (in these schools) and even new schools be established, if needed.
The court gave the verdict on a plea filed by advocate Anshuman Singh Rathore, who had challenged the constitutionality of the law passed by the then Mulayam Singh Yadav government .«No doubt the state has sufficient power to frame laws with regard to education to be provided at school level, both primary and thereafter up to intermediate; however, such education has to be secular in nature,» the court said. «The state has no power to create a board for religious education or to establish a board for school education only for a particular religion and philosophy associated with it. Any such action on part of the state violates the principles of secularism, which is in the letter and spirit of the Constitution of India.»
It also found the education imparted by the madrasas to be lacking in quality and universality. The ruling will affect 16,513 madarsas in the state recognised
