• Source:JND
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Supreme Court on Friday put a stay on Allahabad High Court order that declared the Uttar Pradesh Board of Madarsa Education Act, 2004, as "unconstitutional" and violative of the principle of secularism. A three-judge bench led by Chief Justice D Y Chandrachud issued notices to the Centre, Uttar Pradesh government and others on the pleas against the high court order.

"The object and purpose of Madarsa board is regulatory in nature and the Allahabad HC is not prima facie correct that establishment of board will breach secularism," the bench said.

The top court, in its judgement, said the high court has misconstrued provisions of the 2004 act as it does not provide for religious instruction and the purpose and character of the statute is regulatory.

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Earlier on March 22, the UP Madarsa Act was declared "unconstitutional" and violative of the principle of secularism by the Allahabad High Court. The court also asked the state government to accommodate current students in the formal schooling system.

The petitioner had challenged the constitutionality of the UP Madarsa Board as well as objected to the management of Madarsa by the Minority Welfare Department, rather than the education department.

Speaking on the apex court's judgement on Allahabad court's order, a senior advocate and Congress leader Salman Khurshid said "It's a far-reaching position that the Supreme Court has taken examine in great detail, exactly the purpose of Madrasa board, the background of Madrasa education."

"The fact that Madarsa education is not fully and entirely about religion or religious studies but has a lot to do with other important modern subjects. Keeping that in mind and to the extent of dislocation that would be suffered by the students and 10 thousand teachers, the Court has come to the conclusion that this matter should be heard in July, till then everything will remain stayed including the judgement of the High Court..." he added as quoted by news agency ANI.

(With Agencies Inputs)