The Allahabad High Court made a landmark decision on Friday by declaring the Uttar Pradesh Board of Madarsa Education Act, 2004 as unconstitutional. This judgement was delivered in response to a writ petition filed by Anshuman Singh Rathore, challenging the legality of the said Act along with certain provisions of the Right of Children to Free and Compulsory Education (Amendment) Act, 2012.
The bench comprising Justice Vivek Chaudhary and Justice Subhash Vidyarthi presided over the case, which raised concerns regarding the functioning of the Madrasa Board and the administration of Madrasas by the Minority Welfare Department, involving both the Union of India and the State government. The matter had been reserved for a verdict since February 8, and the detailed judgement is now awaited.
During the hearings, the High Court had posed inquiries to both the Union of India and the State government regarding the rationale behind operating the Madrasa Board under the Minority Department instead of the Education Department.
The court also expressed concerns about potential arbitrary decision-making and emphasised the importance of transparency in educational institution management.
Advocates Aditya Kumar Tiwari and Ghulam Mohammad Kami represented the petitioner in the case. On the other hand, a team of advocates, including Afzal Ahmad Siddiqui, Amrendra Nath Tripathi, Anand Dwivedi, Iqbal Ahmad, Mahendra Bahadur Singh, Mohd. Kumail Haider, Sanjeev Singh, Shailendra Singh Rajawat, Sudhanshu Chauhan, Syed Husain, and Vikas Singh, appeared for the respondents.
This verdict holds significant implications for the regulation and governance of Madrasa education in Uttar Pradesh. It underscores the importance of legal scrutiny and adherence to constitutional principles in matters concerning education and minority rights.
The outcome of this case is likely to prompt discussions and debates within the legal and educational sectors, shaping the future direction of Madrasa education in the state.
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