Allahabad High Court’s Verdict on Uttar Pradesh Madarsa Act
The Allahabad High Court, presided over by a bench consisting of Justice Vivek Chaudhary and Justice Subhash Vidyarthi, issued a significant ruling on Friday, declaring the Uttar Pradesh Board of Madarsa Education Act, 2004 unconstitutional. This verdict stemmed from a writ petition that raised concerns regarding the management of Madrasas by the Minority Welfare Department, implicating both the Union of India and the State government.
In response to a plea filed by Anshuman Singh Rathore challenging the Act’s legality and certain provisions of the Right of Children to Free and Compulsory Education (Amendment) Act, 2012, the Allahabad High Court deemed the Uttar Pradesh Board of Madarsa Education Act, 2004 as “Ultra Vires.”
Uttar Pradesh boasts a significant number of madrassas, exceeding 25,000 in total, with over 16,500 being officially recognized by the UP Board of Madrassa Education.
Advocates Aditya Kumar Tiwari and Ghulam Mohammad Kami represented the petitioner, while several legal representatives appeared for the respondents. Additionally, in March, the Uttar Pradesh Special Task Force (STF) identified approximately 13,000 illegal Madarsas in the state and recommended their closure to the Uttar Pradesh government.
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