The Supreme Court on Friday stayed
a Allahabad High Court ruling, which had deemed the Uttar Pradesh Board of
Madarsa Education Act, 2004, as “unconstitutional”.
While staying the order, the apex
court called it an infringement on the principles of secularism and the
fundamental rights enshrined in Article 14 of the Constitution, according to
media reports.
The SC bench,
comprising Chief Justice D.Y.Chandrachud, deemed the High Court’s
directive to integrate Madarsa students into regular schools as unnecessary.
The top court set the final hearing for the second week of July. Till then, the
High Court’s judgement and March 22 order would remain suspended, it added.
Uttar Pradesh has over 16,000
state-recognized madrasas.
Represented by an association of
madarsa teachers, the petitioners argued that the ruling adversely affected the
lives of numerous students.
The Bench, which also included
Justices JB Pardiwala and Manoj Misra, scrutinised the provisions of the Act
and said, “they abundantly make it clear that the object and purpose of the
statutory board which is constituted under the Act is regulatory in nature.”
Referencing Article 28(1) of the
Constitution, which prohibits religious instruction in institutions funded by
the state, the Court cited a 2002 judgement clarifying the term “religious
instruction.”
The Supreme Court observed
that if the aim of the PIL was to ensure the provision of secular education
alongside religious teachings in madrasas, striking down the 2004 Act wouldn't
be the solution. Instead, the court suggested issuing appropriate directives to
ensure that students in these institutions receive a quality education
comparable to that in other state-funded institutions.