Supreme Court imposes interim stay on Allahabad High Court order on UP Board of Madarsa Education Act

New Delhi, April 5

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The Supreme Court on Friday imposed an interim stay on an order of the Allahabad High Court that declared the Uttar Pradesh Board of Madarsa Education Act, 2004, “unconstitutional” and violative of the principle of secularism.

A three-judge Bench headed by Chief Justice D Y Chandrachud issued notices to the Centre, Uttar Pradesh Government and others on the pleas against the high court order.

“The object and purpose of Madarsa board is regulatory in nature and the Allahabad HC is not prima facie correct that establishment of board will breach secularism,” the bench, also comprising Justices J B Pardiwala and Manoj Misra, said.

The top court said HC has misconstrued provisions of the 2004 Act as it does not provide for religious instruction and the purpose and character of the statute is regulatory in nature.

The high court on March 22 declared the Uttar Pradesh Board of Madarsa Education Act, 2004, “unconstitutional” and violative of the principle of secularism, and asked the state government to accommodate current students in the formal schooling system.

The high court had declared the law ultra vires on a writ petition filed by advocate Anshuman Singh Rathore.

The petitioner had challenged the constitutionality of the UP Madarsa Board as well as objected to the management of madarsa by the Minority Welfare Department, rather than the education department.