Allahabad HC declares UP Board of Madarsa Education as unconstitutional

The Lucknow bench of the Allahabad High Court on Friday declared the Utter Pradesh Board of Madarsa Education Act, 2004, as unconstitutional and directed the state government to accommodate students studying in Madarsas in other schools.

The divisional bench was headed by Justice Vivek Chaudhary and Justice Subhash Vidyarthi the order on the petition filed by one Anshuman Singh Rathore challenging the constitutional validity of the Act and certain provisions of the Right of Children to Free and Compulsory Education (Amendment Act 2012.

The state government decided to survey the Islamic education institutions in the state and also formed a Special Investigation Team (SIT) in October 2023 to probe the funding of Madarsas from abroad.

The investigation report recommended action against more than 8,000 madarsas. According to the SIT report, around 80 madarsas in border regions had received foreign funding totalling around ₹100 crores.

In December last year, a division bench raised concerns about potential instances of arbitrary decision-making and the need for transparency in the administration of such educational institutions. During previous hearings, the court raised inquiries directed at both the Union of India government regarding the rationale behind operating the Madarsa Board.