The Allahabad High Court has ruled the Uttar Pradesh Board of Madarsa Education Act, 2004, as "unconstitutional," stating that it violates the principle of secularism and fundamental rights provided under Article 14 of the Constitution. The decision came in response to a petition filed by a lawyer challenging the Act.
A bench comprising Justices Vivek Chaudhary and Subhash Vidyarthi declared the Act unconstitutional and directed the state government to take immediate steps to accommodate madrasa students in regular schools recognized under the Primary Education Board and schools recognized under the High School and Intermediate Education Board of Uttar Pradesh.
The court mandated the state government to ensure the creation of sufficient additional seats and the establishment of new schools if necessary to accommodate madrasa students. Additionally, the government was instructed to ensure that children between the ages of 6 to 14 years are not left without admission in duly recognized institutions.
According to the bench, the madrasa Act also violates Section 22 of the University Grants Commission Act, 1956. However, the court did not rule on the validity of Section 1(5) of the Right to Education (RTE) Act, as it had already declared the madrasa Act ultra vires. The court also noted that Vedik Pathshalas do not exist in the state of Uttar Pradesh.
During the proceedings, the bench appointed advocates Gaurav Mehrotra, Akber Ahmad, and Madhukar Ojha as amici curiae to assist the court in reaching its decision.
