The Allahabad High Court has invalidated the Uttar Pradesh Board of Madrassa Education Act, 2004, labelling it "unconstitutional." The court's decision was based on the grounds that the act violated secular principles by primarily focusing on promoting and providing Islamic education.
Additionally, the act permitted the awarding of degrees in violation of the UGC Act. Justices Vivek Chaudhary and Subhash Vidyarthi upheld petitioner Anshuman Singh Rathore's argument that the legislation exceeded its powers, directly affecting the 15,75,000 students enrolled in 13,329 recognised madrassas in Uttar Pradesh.
The division bench instructed the state government, which has been endeavoring to incorporate science and mathematics into madrassa education, to enroll students from all such institutes in regular schools affiliated with primary, high school, and intermediate education boards.
The state govt, for the said purpose, shall ensure that as per requirement, sufficient number of additional seats are created and further, if required, sufficient number of new schools are established. The government shall also ensure that children between the ages of 6 to 14 years are not left without admission in duly recognised institutions,” the order states.
Board chairperson Iftikhar Ahmed Javed said it wasn't easy to accept that an Act governing madrassa education for 20 years had been suddenly declared unconstitutional. “Obviously, there has been some mistake somewhere. Our lawyers could not present their case properly before the court,” he said. All India Muslim Personal Law Board member Maulana Khalid Rashid Farangi Mahali suggested the verdict be challenged in the apex court.