SC imposes interim stay on Allahabad HC order on UP Board of Madrasa Education Act

The Supreme Court on Friday, 5 April imposed an interim stay on an order of the Allahabad High Court that declared the Uttar Pradesh Board of Madrasa 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 Madrasa 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 22 March declared the Uttar Pradesh Board of Madrasa 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 Madrasa Board as well as objected to the management of Madrasa by the Minority Welfare Department, rather than the education department.