Allahabad HC declares UP Board of Madarsa Education Act 2004 as ‘unconstitutional’

The Lucknow bench of the Allahabad high court on Friday declared the Uttar Pradesh Board of Madarsa Education Act, 2004, as ‘unconstitutional’ and directed the state government to accommodate students studying in Madarsas in other schools.

A division bench of justice Vivek Chaudhary and justice Subhash Vidyarthi passed the order on a 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 ruling comes months after 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.