The Allahabad High Court declared the Uttar Pradesh Board of Madarsa Education Act, 2004, "unconstitutional" and found it to violate the principle of secularism.

The Lucknow bench of the Allahabad High Court declared the law as ultra vires and directed the state government to accommodate current students in the formal schooling system.

Justices Vivek Chaudhary and Subhash Vidyarthi of the division passed the verdict on a writ petition filed by Anshuman Singh Rathore.

The bench directed the Uttar Pradesh State Government to promptly take measures to integrate Madarsa students into recognised regular schools under the Primary Education Board and schools acknowledged by the High School and Intermediate Education Board of the state. It mandated the government to create additional seats as necessary and establish new schools if required to meet the demand.

The bench further stipulated that the State Government must guarantee that children aged between 6 to 14 years are accommodated in duly recognised institutions. Anshuman Singh Rathore contested the constitutionality of the UP Madarsa Board and raised objections to the management of madrasas by the Minority Welfare Department, both under the jurisdiction of the Union of India and the state government.

The bench observed that the Madarsa Act, 2004, contravenes the principle of Secularism, which forms an integral part of the Constitution of India. It also violates Articles 14, 21, and 21-A of the Constitution, as well as Section 22 of the University Grants Commission Act, 1956. Consequently, the Madarsa Act, 2004, has been declared unconstitutional by the bench.

The bench added that they are not adjudicating on the validity of Section 1(5) of the R.T.E. Act, as they have already deemed the Madarsa Act to be ultra vires. Additionally, both parties' learned counsel informed the bench that Vadik Pathshalas do not exist in the State of UP.

Image source: India Today