Interim Stay Imposed by SC on Allahabad HC Order Regarding UP Board of Madarsa Education Act
Interim Stay Imposed by SC on Allahabad HC Order Regarding UP Board of Madarsa Education Act
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The Supreme Court has temporarily halted a ruling by the Allahabad High Court that deemed the Uttar Pradesh Board of Madarsa Education Act of 2004 unconstitutional and against the principle of secularism. The decision came from a three-judge bench led by Chief Justice D Y Chandrachud, who issued notices to the Centre, Uttar Pradesh government, and others regarding appeals against the high court's ruling.

"The intention behind the Madarsa board is primarily regulatory, and the Allahabad HC's assertion that its establishment would violate secularism is not immediately accurate," the bench, including Justices J B Pardiwala and Manoj Misra, stated.

The apex court pointed out that the High Court had misinterpreted the provisions of the 2004 act, as it does not entail religious instruction. Rather, the statute's purpose and character are primarily regulatory.

The Allahabad High Court had, on March 22, declared the Uttar Pradesh Board of Madarsa Education Act of 2004 unconstitutional and in violation of secular principles. It instructed the state government to integrate current madarsa students into the formal education system.

This decision was made following a writ petition filed by advocate Anshuman Singh Rathore, who challenged the constitutionality of the UP Madarsa Board and raised concerns about the management of madarsas by the Minority Welfare Department instead of the education department.

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