PRAYAGRAJ (Uttar Pradesh): The Supreme Court on Friday stayed the Allahabad High Court’s March 22 judgment striking down ‘UP Board of Madarsa Education Act 2004’ as unconstitutional and violative of secularism and fundamental rights.
A bench of Chief Justice of India D Y Chandrachud and Justices J B Pardiwala and Manoj Misra said the findings of Allahabad High Court that the establishment of a madarsa board breaches the principles of secularism may not be correct. The top court said the high court judgment would affect the 17 lakh students, and it is of the view that direction of relocation of students to other school was not warranted.
“The object and purpose of madarsa board is regulatory in nature and Allahabad High Court is not prima facie correct that establishment of the board will breach secularism. It (High Court judgment) conflates madarsa education with the regulatory powers entrusted with the board… The impugned judgment shall remain stayed”, the top court said.
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It also issued notice to Uttar Pradesh government on appeals challenging the High Court March 22 order and posted the matter for hearing in July 2nd week.
The apex court also noted that the High Court appears to have misconstrued the provisions of the Madarsa Act, since it does not provide only for religious instruction. It said the purpose and nature of the Act is regulatory in nature.
In the order, the bench stated, “In striking down the Act, the High Court prima facie misconstrued the provisions of the Act. The Act does not provide for any religious instruction. The object and purpose of the Statute is regulatory in character”.
It said that if the concern was to ensure that the students of Madarsas receive quality education, the remedy would not lie in striking down the Madarsa Act but in issuing suitable directions to ensure that the students are not deprived of quality education.
The order of the top court came on appeals against High Court order filed by Anjum Kadari, Managers Association Madaris Arabiya(UP), All India Teachers Association Madaris Arabiya (New Delhi), Manager Association Arbi Madarsa Nai Bazar and Teachers Association Madaris Arabiya Kanpur.
Additional Solicitor General KM Nataraj, appearing for the Uttar Pradesh government, said that the state is accepting the judgment of the High Court. To this, CJI Chandrachud asked why the state was not defending its legislation, despite defending it before the High Court. The ASG said that after the High Court has delivered a judgment, the State has decided to accept it.
Uttar Pradesh government said if madarsas are running let them run, but the state should not bear the costs.
Attorney General for India R Venkataramani, appearing for Centre, also supported the High Court’s judgment and said the entanglement of religion with education is the suspect issue and the relocation of the madarsa students to other schools would not be an issue.
Senior advocate Abhishek Manu Singhvi, appearing for one of the petitioners, submitted that the madarsa regime was a status quo that existed for 120 years which is now disrupted suddenly, and would affect 17 lakh students and 10,000 teachers.
It is difficult to adjust these students and teachers to the state education system abruptly, he added. The High Court’s finding that modern subjects were not taught in the madrasas are not correct, said Singhvi adding that Maths, Science, Hindi, English etc are taught in madarsas.
“We have also very famous Gurukuls, in Haridwar and Rishikesh, doing very good work. My father has a degree from there. So should we shut them and say it is Hindu religious education?” asked the senior counsel.
Madarsas are institutions where Islamic studies and other education may be pursued by students. On March 22, Allahabad High Court found that the 2004 Act was violative of the principle of secularism enshrined in the Constitution of India.
The High Court further asked the state to take immediate steps so that students pursuing studies in madarsas of Uttar Pradesh are accommodated other schools.
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