Supreme Court stays Allahabad HC judgment striking down UP board of madarsa education act

The Supreme Court on Friday (April 5) stayed the Allahabad High Court's March 22 judgment striking down the 'Uttar Pradesh Board of Madarsa Education Act 2004' as unconstitutional.

A bench comprising Chief Justice of India DY Chandracuhd, Justice JB Pardiwala and Manoj Misra observed that the High Court prima facie erred in understanding the provisions of the Act, which are regulatory in nature.

The operative directions of the High Court would impact the future course of education of nearly 17 lakh students, the Court observed while staying the High Court judgment.

The state has a legitimate public interest to ensure all students get quality education; however, whether this purpose would require jettisoning the entire statute enacted in 2004 needed consideration, the Court said.

The petitions were filed by Anjum Kadari, Managers Association Madaris Arabiya(UP), All India Teachers Association Madaris Arabiya (New Delhi), Manager Association Arbi Madarsa Nai Bazar and Teachers Association Madaris Arabiya Kanpur. The Court posted the petitions for final disposal in the second week of July 2024.

Additional Solicitor General KM Nataraj, appearing for the State of Uttar Pradesh, said that the State is accepting the High Court judgment.

This made the CJI ask why the State was not defending its legislation, despite defending it before the High Court.

The ASG said that after the High Court has delivered a judgment, the State has chosen to accept it.

The Union of India, represented by Attorney General for India R Venkataramani, also supported the High Court's judgment.