Allahabad HC strikes down 'UP Board of Madarsa Education Act 2004', calls it 'unconstitutional'

The Allahabad High Court on Friday (March 22) made a landmark ruling, declaring the 'UP Board of Madarsa Education Act 2004' as unconstitutional, citing a breach of the principle of Secularism. Justices Vivek Chaudhary and Subhash Vidyarthi have mandated the Uttar Pradesh government to devise a plan to integrate students currently enrolled in Madrasas into the formal education system.

This verdict follows months of scrutiny after the state government initiated a survey of Islamic educational institutions and formed a Special Investigation Team (SIT) in October 2023 to investigate funds received by madrassas from abroad.

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The High Court's decision stems from a writ petition lodged by Anshuman Singh Rathore, challenging the legitimacy of the UP Madarsa Board and contesting the administration of Madarsas by the Minority Welfare Department, both at the Union and State levels, along with other related issues.

In December 2023, the division bench expressed angst regarding potential arbitrariness and underscored the necessity for transparency in managing educational institutions, highlighting the broader question of whether such measures align with principles of equal opportunity and secular governance.

Notably, in October 2019, the High Court referred certain critical questions concerning the functioning and structure of the Madrasa board to a Larger Bench (Writ Petition No.29324 (S/S) of 2019: Mohammad Javed Vs. State of U.P. and others).

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• Allahabad
• Allahabad High Court
• Anshuman Singh Rathore
• High Court
• Madarsa
• UP Board of Madarsa Education Act 2004
• Uttar Pradesh
• UP Madarsa Board