SC stays Allahabad HC order striking down UP Madarsa Act, 2004

NEW DELHI — In an interim direction, the Supreme Court on Friday stayed a decision of the Allahabad High Court which had struck down the Uttar Pradesh Board of Madarsa Education Act, 2004 as unconstitutional and violative of the principles of secularism.

A Bench headed by Chief Justice of India (CJI), DY Chandrachud, observed that the Allahabad High Court misconstrued the provision of the law in its March 22 order and the view taken by it was prima facie not correct.

Issuing a notice, the Bench, also comprising Justices JB Pardiwala and Manoj Misra, asked the Centre, Uttar Pradesh government and other respondents to file their counter affidavits by May 31.

The matter has been listed for further hearing in the second week of July, 2024.

Delivering a verdict on a plea filed by an advocate challenging vires of the Madarsa Act, 2004, a Bench of Justices Subhash Vidyarthi and Vivek Chaudhary of the Allahabad High Court held the law violative of the principles of secularism, Articles 14, 21 and 21-A of the Constitution of India and Section 22 of the University Grants Commission Act, 1956.

The High Court had asked the state government to take steps to accommodate madrasa students in regular schools, adding that if required, new schools would be established to ensure that children between the ages of 6 to 14 years are not left without admission in duly-recognised institutions.