The Supreme Court on Friday stayed Allahabad High Court's March 22 judgment striking down 'UP Board of Madrasa Education Act 2004' as unconstitutional.
The top court said that the finding of Allahabad High Court that the establishment of a Madrasa board breaches the principles of secularism may not be correct. It issuesd a notice on appeals challenging the High Court March 22 order.
A three-judge bench headed by Chief Justice DY Chandrachud issued notices to the Centre, Uttar Pradesh government and others on the pleas against the High Court order.
"The object and purpose of Madrasa board is regulatory in nature and the Allahabad HC is not prima facie correct that establishment of board will breach secularism," the bench, also comprising Justices J B Pardiwala and Manoj Misra, said.
The top court said HC has misconstrued provisions of the 2004 act as it does not provide for religious instruction and the purpose and character of the statute is regulatory in nature.
The high court on March 22 declared the Uttar Pradesh Board of Madrasa Education Act, 2004, "unconstitutional" and violative of the principle of secularism, and asked the state government to accommodate current students in the formal schooling system.
The High Court had declared the law ultra vires on a writ petition filed by advocate Anshuman Singh Rathore.
The petitioner had challenged the constitutionality of the UP Madrasa Board as well as objected to the management of madrasa by the Minority Welfare Department, rather than the education department.
With inputs from PTI
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