The high court had last month declared the 2004 law “unconstitutional” for violating the principle of secularism and directed the government to accommodate the madrasa students in the formal education system.
New Delhi: The Supreme Court on Friday stayed the Allahabad High Court’s recent decision to declare the Uttar Pradesh Board of Madarsa Education Act, 2004 unconstitutional. The Supreme Court verdict effectively stays the Allahabad High Court’s direction that 17 lakh students and 10,000 teachers of the madarsas be adjusted within the state education system. A bench of Chief Justice of India (CJI) DY Chandrachud with Justices JB Pardiwala and Manoj Misra passed the stay order on finding that the High Court’s views on the matter appeared to be, prima facie, incorrect.
“The object and purpose of Madarasa Board is regulatory in nature and Allahabad High Court is not prima facie correct that establishment of Board will breach secularism. It (High Court judgment) conflates madrasa education with the regulatory powers entrusted with the Board … The impugned judgment shall remain stayed,” the top court said.
The operative directions of the High Court would impact the future course of education of nearly 17 lakh students, the Court observed while staying the High Court judgment.
The high court had last month declared the 2004 law “unconstitutional” for violating the principle of secularism and directed the government to accommodate the madrasa students in the formal education system.
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