The Supreme Court on Friday stayed Allahabad high court's order striking down UP Board of Madrassa Education Act. The top court said the high court's judgement would affect the 17
lakh students, and it is of the view that the direction of relocation of students to other schools was not warranted.
The three-judge bench headed by Chief Justice D Y Chandrachud issued notices to the Centre, Uttar Pradesh government and others on the pleas against the high court order. A bench of CJI D Y Chandrachud said though the state has a legitimate interest in ensuring quality education for students to enable them earn a degree for dignified pursuit of profession, adding that the high court was prima facie wrong in striking down a legislation which was only regulatory in nature.
"The object and purpose of Madrassa board is regulatory in nature and Allahabad high court is not prima facie correct that establishment of board will breach secularism. It (High Court judgement) conflates Madrassa education with the regulatory powers entrusted with the Board… The impugned judgment shall remain stayed," the top court said.
On March 22, the Allahabad high court had ruled that the Uttar Pradesh Board of Madrassa Education Act, 2004, is "unconstitutional" and infringes upon the principle of secularism. The court directed the state government to integrate current students into the formal education system.
(Courtesy:- The Times of India, 5 April 2024)
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