Supreme Court stays Allahabad HC judgement against Uttar Pradesh Board of Madarsa Education Act

The Supreme Court on Friday stayed the Allahabad High Court's judgment ruling the 2004 Uttar Pradesh Board of Madarsa Education Act as unconstitutional, reported Live Law.

“We are of the view that the issues raised in the petitions merit closer reflection,” said a bench comprising Chief Justice of India DY Chandracuhd and Justices JB Pardiwala and Manoj Misra.

The court issued a notice on the five special leave petitions filed against the High Court ruling. It also observed that the High Court erred in interpreting the provisions of the Act, which are regulatory in character.

The top court said that directions of the High Court would impact the future course of education of nearly 17 lakh students.

The Uttar Pradesh Board of Madarsa Education Act provides for madrasas in Uttar Pradesh to operate under the aegis of the state minority welfare department, unlike other minority educational institutes that operate under the education department.

Out of nearly 25,000 madrasas in Uttar Pradesh, more than 16,500 are recognised by the Uttar Pradesh Board of Madarsa Education, The Indian Express reported.

On March 22, the Allahabad High Court ruled that the Act was unconstitutional. A division bench of Justices Vivek Chaudhary and Subhash Vidyarthi directed the state government to accommodate students studying in Islamic schools in other educational institutions.

Hearing the case on Friday, the Supreme...

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