The Supreme Court on Friday stayed Allahabad High Court’s order declaring the Uttar Pradesh Board of Madarsa Education Act as “unconstitutional” and contrary to the UGC Act.
“The object and purpose of Madrasa Board is regulatory in nature and Allahabad High Court is not prima facie correct in its view that the establishment of the board will breach secularism. The high court conflates madrasa education with the regulatory powers entrusted with the board. The impugned judgment shall remain stayed,” a bench headed by Chief Justice of India D.Y. Chandrachud said while posting the matter to July 2.
The bench, also comprising Justices J.B. Pardiwala and Manoj Misra, passed the order on an appeal filed by organisations of teachers, students and faculty members of madrasas in the state pleading that the high court’s March 22 order would adversely affect 17 lakh students and 10,000 teaching and non-teaching staff.
“The high court has prima facie misconstrued the provisions of the Act. The Act per se does not provide for religious instructions in an educational institution maintained out of state funds. The object and purpose of the statute is regulatory in nature,” the apex court said.
Attorney-general R. Venkataramani, appearing for the Centre, and additional solicitor-general K.M. Natraj, representing the Uttar Pradesh government, told the bench they supported the high court verdict.
