UP Madarsa Act: A Special Leave Petition (SLP) has been filed in the Supreme Court contesting the ruling of the Allahabad High Court issued on March 22, 2023, which deemed the ‘UP Board of Madarsa Education Act 2004’ as unconstitutional. The petition, brought forward by Anjum Kadari and others, argues that the High Court erred in its judgment, failing to consider the input of the Bar and issuing an arbitrary ruling on matters not raised by the petitioner.
Supreme Court Petition Challenges Allahabad High Court’s Verdict on Madarsa Education Act
Advocate Pradeep Kumar Yadav has drafted the petition, which was filed through AOR Sanjeev Malhotra. The petitioners contend that the High Court’s decision overlooks essential legal considerations and violates procedural fairness.
Allahabad High Court’s ruling emphasized the principle of secularism in education
The Allahabad High Court’s ruling emphasized the principle of secularism in education, asserting that a Secular State is obligated to provide education that is free from religious bias. Justices Vivek Chaudhary and Subhash Vidyarthi, in their bench ruling, underscored that the State cannot establish educational boards tailored to specific religions, as it contravenes the secular ethos enshrined in the Indian Constitution.
The Court’s pronouncement highlighted that any attempt by the State to promote education associated with a particular religion would not only be unconstitutional but also detrimental to societal cohesion, fostering division along religious lines. The ruling reaffirmed the foundational importance of secularism in maintaining unity and equality within the Indian education system.
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