Anjum Kadri vs Union Of India -Uttar Pradesh Board of Madarsa Education Act 2004

Uttar Pradesh Board of Madarsa Education Act 2004 – Appeal against Allahabad HC judgment which had struck down Madrasa Act – Staying the HC judgment, SC observed: In striking down the provisions of the Madarsa Act, the High Court, prima facie, has misconstrued the provisions of the Madarsa Act. The Madarsa Act, per se, does not provide for religious instruction in an educational institution maintained out of State funds – The State does have a legitimate public interest in ensuring that students who pursue education in all institutions, whether at the primary, secondary or higher level, should receive education of a qualitative standard which makes them qualified to pursue a dignified existence upon receiving the degrees which are awarded to them. Whether this purpose would require jettisoning the entire statute which has been enacted by the State legislature in 2004 would merit serious consideration – The operative directions of the High Court would impinge serious on the future course of the students. Nearly 17 lakh students are pursuing their education in these institutions. While it is entirely the choice of the students and parents to choose the institutions in which the students wish to pursue their studies, we are of the view that the impugned direction of the High Court for the relocation of the students was, prima facie, not warranted- The finding of the High Court that the very establishment of the Board would amount to a breach of the principles of secularism appears to conflate the concept of Madarsa education with the regulatory powers which have been entrusted to the Board;

Leave a Comment

Your email address will not be published. Required fields are marked *