SC sets aside Allahabad HC’s order to repeal ‘UP Madarasa Education Act 2004’

New Delhi – The Supreme Court has declined to repeal the Uttar Pradesh Board of Madarasa Education Act, 2004. In March, the Allahabad High Court had ruled in favour of repealing the Act, arguing that it compromised secular principles. Following this, the matter reached the Supreme Court, which issued an interim stay on the High Court’s verdict in April. Now, the Supreme Court has issued a final ruling to uphold the Act.

1. In March, the High Court suspended the Act and directed students studying in madarasas to seek admission in other schools. This decision was subsequently challenged in the Supreme Court.

2. Presenting its case in the Supreme Court, the Uttar Pradesh Government argued that the Act had constitutional validity. In response, a three-judge bench led by the Chief Justice noted that if the concern was about ensuring quality education for madarasa students, repealing the Act was not the solution. Instead, issuing proper guidelines to ensure students receive quality education would have been more appropriate.

Cannot award degrees

While the Supreme Court upheld the Act’s constitutional validity, it stated that the authority to grant degrees such as ‘Fazil’ and ‘Kamil’ (awarded to madarasa students) contradicts the University Grants Commission Act. Thus, the right to award such degrees is invalid, though the remainder of the Act is constitutional.