Why Madrasa Board Under Minority Dept, Not Education?; Can Persons Of Specific Religion Only Be Appointed To Board?: Allahabad HC Asks UOI, UP Govt
1 year, 3 months ago

Why Madrasa Board Under Minority Dept, Not Education?; Can Persons Of Specific Religion Only Be Appointed To Board?: Allahabad HC Asks UOI, UP Govt

Live Law  

Amid the ongoing controversy over madrasas in Uttar Pradesh, with the state government surveying the Islamic education institutions in 2022 and forming an SIT last month to probe madrassas' funds from abroad, the Allahabad High Court last week questioned the need for the Madarsa Board to run under the Minority Department rather than the Education Department of the state.The bench of Justice. Amid the ongoing controversy over madrasas in Uttar Pradesh, with the state government surveying the Islamic education institutions in 2022 and forming an SIT last month to probe madrassas' funds from abroad, the Allahabad High Court last week questioned the need for the Madarsa Board to run under the Minority Department rather than the Education Department of the state. The occasion to raise these queries arose while the bench was dealing with a writ petition filed by one Anshuman Singh Rathore raising certain issues with regard to Madarsa Board and the management of Madarsa by the Minority Welfare Department, both by Union of India and State Government and other connected issues. The Act further provides the Board to function under the Minority Welfare Ministry of State of U.P., hence, a question arises as to whether it is arbitrary for providing the Madarsa education to be run under the Minority Welfare Department while all the other education institutions including those belonging to other minorities communities like Jains, Sikhs, Christians etc being run under the Education Ministry and whether it arbitrarily denies the benefit of experts of education and their policies to the children studying in Madarsa?

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History of this topic

Uttar Pradesh govt mulling amendment to Madrasa Act after Supreme Court verdict
3 months, 2 weeks ago

Uttar Pradesh govt mulling amendment to Madrasa Act after Supreme Court verdict

Hindustan Times  

The Uttar Pradesh government is considering to amend the Uttar Pradesh Board of Madrasa Education Act 2004 after a recent Supreme Court judgment and it is likely to exclude the Kamil and Fazil courses from the scope of the Act, according to people aware of the matter. If really any amendment is done, the government should think about safeguarding the …

Madras High Court Upholds 'Only Hindus' Condition For Appointment In Temple-Run Self-Financing College, Applies Article 16(5)
3 months, 3 weeks ago

Madras High Court Upholds 'Only Hindus' Condition For Appointment In Temple-Run Self-Financing College, Applies Article 16(5)

Live Law  

The Madras High Court recently held that a self-financing institution which is run by a temple would not come within the purview of Article 16 and Article 16 of the Constitution. The court highlighted that as per Section 10 of the Hindu religious and Charitable Endowment Act, only a person professing the Hindu religion could be appointed to the colleges …

UP Madarsa Act: How SC Corrected Allahabad HC's Overreach
4 months, 1 week ago

UP Madarsa Act: How SC Corrected Allahabad HC's Overreach

The Quint  

The court added that even though Madarsas impart religious education, they are still fundamentally educational institutions, and the inclusion of religious instruction does not strip them of this identity. The legislative competence of the state in regulating such institutions is upheld, ensuring that minority institutions comply with educational standards while still respecting their religious character. However, these regulations must meet …

Muslim bodies hail Supreme Court’s verdict on madrasas
4 months, 2 weeks ago

Muslim bodies hail Supreme Court’s verdict on madrasas

The Hindu  

Muslim bodies have welcomed the Supreme Court’s judgment upholding the validity of the Uttar Pradesh Madrasa Act, 2004. The Secretary of Jamaat-e-Islami Hind’s education board, Syed Tanvir Ahmed, concurred, saying: “The Supreme Court judgment marks a significant step forward in upholding the educational rights of minority communities in Uttar Pradesh. The Supreme Court’s decision not only safeguards the right of …

SC Sets Aside Allahabad High Court Judgment on UP Madarsa Education Act
4 months, 2 weeks ago

SC Sets Aside Allahabad High Court Judgment on UP Madarsa Education Act

Hindustan Times  

Clerics, stakeholders and many political parties have welcomed the Supreme Court's decision upholding the constitutional validity of the Uttar Pradesh Board of Madarsa Education Act 2004. The SC set aside the Allahabad high court's March judgment that declared the 2004 Uttar Pradesh Board of Madarsa Education Act, 2004, unconstitutional while claiming that it violated principles of secularism.

Supreme Court Upheld the Constitutional Validity of Uttar Pradesh Board of Madarsa Education Act, 2004
Trending News
4 months, 2 weeks ago

Supreme Court Upheld the Constitutional Validity of Uttar Pradesh Board of Madarsa Education Act, 2004

The Hindu  

The Supreme Court has upheld the constitutional validity of the Uttar Pradesh Board of Madarsa Education Act, 2004 except for its provisions allowing the Board to award higher degrees like Kamil (under-graduate studies) and Fazil (postgraduate studies). The court found that these provisions violate the Basic Structure of the Constitution by discriminating against students based on their religion affiliation. The …

Why have madrasas been in the spotlight in Uttar Pradesh? | Explained
11 months, 1 week ago

Why have madrasas been in the spotlight in Uttar Pradesh? | Explained

The Hindu  

The story so far: This past week, the Supreme Court stayed a ruling of the Allahabad High Court on the U.P. Board of Madrasa Education Act “unconstitutional” and asked for immediate closure of the madrasas. Chandrachud, scrutinised the provisions of the Act and made it clear that “the object and purpose of the statutory board which is constituted under the …

Supreme Court stays order on UP Madarsa Act. What is it and why had Allahabad HC struck it down?
11 months, 2 weeks ago

Supreme Court stays order on UP Madarsa Act. What is it and why had Allahabad HC struck it down?

Live Mint  

The Supreme Court on Friday imposed an interim stay on the Allahabad High Court's order quashing the Uttar Pradesh Board of Madarsa Education Act, 2004 after the high court deemed it “unconstitutional”. Enacted in 2004, the Uttar Pradesh Board of Madarsa Education Act's purpose was to streamline madrassa education, defining it as education in Arabic, Urdu, Persian, Islamic studies, Tibb, …

Uttar Pradesh Madarsa Education Act, a violation of secularism: Allahabad HC
11 months, 3 weeks ago

Uttar Pradesh Madarsa Education Act, a violation of secularism: Allahabad HC

The Hindu  

Terming the Uttar Pradesh Madarsa Education Act, 2004 unconstitutional, the Allahabad High Court on Friday said the Act found to be a violation of secularism. A Bench of Justices Vivek Chaudhary and Subhash Vidyarthi — while dealing with a writ petition filed by Anshuman Singh Rathore which had challenged the vires of the Uttar Pradesh Madarsa Board on the ground …

UP madrasa law 'unconstitutional, against secularism': High Court's big order
1 year ago

UP madrasa law 'unconstitutional, against secularism': High Court's big order

India Today  

The Allahabad High Court on Friday declared the Uttar Pradesh Board of Madarsa Education Act, 2004, "unconstitutional" and violative of the principle of secularism. A bench comprising Justice Vivek Chaudhary and Justice Subhash Vidyarthi also directed the Uttar Pradesh government to plan a scheme to accommodate students currently studying in Madrasas, into the formal education system. The Lucknow branch of …

UP Board Madarsa Education Act, 2004 is 'unconstitutional', declares Allahabad High Court
1 year ago

UP Board Madarsa Education Act, 2004 is 'unconstitutional', declares Allahabad High Court

India TV News  

The Lucknow Bench of Allahabad High Court has declared the UP Board of Madarsa Education Act 2024 as Unconstitutional. A division bench comprising Justice Vivek Chaudhary and Justice Subhash Vidyarthi of the Lucknow branch of the court declared the law ultra vires on a writ petition filed by a person named Anshuman Singh Rathore. Accommodate Madrasa students under UP Board …

Submit Details About Curriculum & Management Of Madrasas: Rajasthan High Court To State
1 year, 8 months ago

Submit Details About Curriculum & Management Of Madrasas: Rajasthan High Court To State

Live Law  

The Rajasthan High Court has directed the State to file an affidavit disclosing the details with regard to the curriculum and the mode of selection and appointment of staff in the Madrasas. The bench of Chief Justice Augustine George Masih and Justice Vinit Kumar Mathur said, “Let an Affidavit be filed by the State, specifically giving therein the details of …

Madrasas violate student rights, children’s body tells Allahabad HC
1 year, 10 months ago

Madrasas violate student rights, children’s body tells Allahabad HC

The Hindu  

In an intervention application before the Allahabad High Court, in a matter pertaining to religious education imparted in institutions at the government’s expense, the National Commission for Protection of Child Rights has submitted that the education given to children in madrasas is not adequate or comprehensive. The court, while hearing a petition filed by Azaj Ahmad who teaches in a …

How religious edu can be imparted at state’s expense: Allahabad HC asks Centre, U.P. govt
1 year, 11 months ago

How religious edu can be imparted at state’s expense: Allahabad HC asks Centre, U.P. govt

Hindustan Times  

The Lucknow bench of the Allahabad high court has directed the Centre and the Uttar Pradesh government to file affidavits explaining how religious education can be imparted in government-funded madrasas at the government’s expense. The court ordered both the Centre and the state government to file affidavits within the next six weeks noting that in madrasas religious education is also …

Can Religious Education Be Imparted In Govt-Funded Madrasas, Does It Violate Articles 14, 25, 26, 29 & 30?: Allahabad HC Asks Centre, State Govt
1 year, 11 months ago

Can Religious Education Be Imparted In Govt-Funded Madrasas, Does It Violate Articles 14, 25, 26, 29 & 30?: Allahabad HC Asks Centre, State Govt

Live Law  

The Allahabad High Court recently sought a response from the Central and State Governments as to whether religious education can be imparted in Government funded Madrasas and whether this could be in violation of Articles 14, 25, 26, 29, and 30 of the Constitution of India. "The affidavits of the Central Government from the Secretary, Ministry of Minority Affairs, Government …

UP Madarsa Board refuses to identify non-Muslim students as directed by NCPCR saying 'it may foster divide between communities'
2 years, 2 months ago

UP Madarsa Board refuses to identify non-Muslim students as directed by NCPCR saying 'it may foster divide between communities'

Op India  

On Thursday, the Uttar Pradesh Board of Madarsa Education stated that it won’t conduct an investigation as directed by the National Commission for Protection of Child Rights to identify non-Muslim students in the Madarsas. This is a month after NCPCR directed chief secretaries of all states and Union Territories to conduct a detailed inquiry into madarsas admitting non-Muslim children. The …

Child rights body asks states for inquiry into madrassas admitting non-muslim students
2 years, 3 months ago

Child rights body asks states for inquiry into madrassas admitting non-muslim students

Firstpost  

National Commission for Protection of Child Rights said that It is a clear-cut violation and contravention of Article 28 of the Constitution of India which prohibits educational institutions from obligating the children to take part in any religious instruction, without parents’ consent New Delhi: Apex child rights body NCPCR has asked all states and Union Territories to conduct an inquiry …

SC to Examine if Administration of Educational Institution by Minority Community Will Give it Special Status
2 years, 5 months ago

SC to Examine if Administration of Educational Institution by Minority Community Will Give it Special Status

News 18  

The Supreme Court has agreed to examine whether an educational institution administered by members of a minority community would result in it being conferred the status of a minority institution. The top court was hearing an appeal filed by Mahayana Theravada Vajrayana Buddhist Religious and Charitable Trust challenging the Allahabad High Court order which observed that mere administration of an …

SC to examine if educational institution run by minorities will get special status
2 years, 5 months ago

SC to examine if educational institution run by minorities will get special status

Deccan Chronicle  

NEW DELHI: The Supreme Court has agreed to examine whether an educational institution administered by members of a minority community would result in it being conferred the status of a minority institution. The top court was hearing an appeal filed by Mahayana Theravada Vajrayana Buddhist Religious and Charitable Trust challenging the Allahabad High Court order which observed that mere administration …

Madrassas Run On State-Funds Can't Impart Religious Instructions: Gauhati High Court Upholds Assam Law
3 years, 1 month ago

Madrassas Run On State-Funds Can't Impart Religious Instructions: Gauhati High Court Upholds Assam Law

Live Law  

In a significant judgment delivered on Friday, the Gauhati High Court has upheld the constitutionality of the law passed by the Assam assembly in 2020 to convert State-funded Madrassas into general schools.The High Court upheld the constitutional validity of the Assam Repealing Act 2020 which repealed the Assam Madrassa Education. Advocate General of Assam D Saikia clarified to the Court …

Transparency Must In Management Of Educational Institutions Run By Charitable, Religious Organizations: Allahabad High Court
3 years, 2 months ago

Transparency Must In Management Of Educational Institutions Run By Charitable, Religious Organizations: Allahabad High Court

Live Law  

While dealing with a plea that alleged that the affairs of the Lucknow Christian College, Lucknow are wholly mismanaged, the Allahabad High Court recently observed that the affairs of the educational institutions, particularly, run by the charitable/religious organizations, such as the church and the society, should be conducted in a proper and transparent manner.Essentially, the Bench of. While dealing with …

Madras High Court Seeks State's Response In Plea Challenging Recruitment Of Only Hindus In HR&CE Educational Institutions
3 years, 4 months ago

Madras High Court Seeks State's Response In Plea Challenging Recruitment Of Only Hindus In HR&CE Educational Institutions

Live Law  

The Madras High Court on Friday sought State government's response in a plea questioning the appointment of only Hindus to teaching as well as non-teaching posts at educational institutions run by the Department of Hindu Religious and Charitable Endowments. Advocate General R. Shunmugasundaram argued before the Court that pursuant to Section 10 of the Tamil Nadu Hindu Religious and Charitable …

Is State Funding To Madrasas & Other Religious Educational Institutions Consistent With Constitution's Secular Scheme?: Allahabad HC Seeks Govt Reply
3 years, 6 months ago

Is State Funding To Madrasas & Other Religious Educational Institutions Consistent With Constitution's Secular Scheme?: Allahabad HC Seeks Govt Reply

Live Law  

The Allahabad High Court recently decided to consider a bunch of questions framed by it on issues related to religious educational institutions like Madrasa vis-a-vis the role of and interplay between the State Government and such institutions within the framework of the Constitution.The Bench of Justice Ajay Bhanot was hearing the plea of a Madrasa duly recognized by the Madrasa …

Can Tamil Be A Compulsory Subject In Board Exam? Madras HC Refers Question To Larger Bench [Read Order]
7 years ago

Can Tamil Be A Compulsory Subject In Board Exam? Madras HC Refers Question To Larger Bench [Read Order]

Live Law  

A Division Bench of the Madras High Court has referred to a larger bench the question whether Tamil can be made a compulsory subject in Board Examination.The Bench comprising Chief Justice Indira Banerjee and Justice Abdul Quddhose noted, "Under the Tamil Nadu Tamil Learning Act, 2006 and/or Rules and/or Regulations framed and/or orders issued thereunder, exemption from appearance at the. …

Can Tamil Be A Compulsory Subject In Board Exam? Madras HC Refers Question To Larger Bench [Read Order]
7 years ago

Can Tamil Be A Compulsory Subject In Board Exam? Madras HC Refers Question To Larger Bench [Read Order]

Live Law  

A Division Bench of the Madras High Court has referred to a larger bench the question whether Tamil can be made a compulsory subject in Board Examination.The Bench comprising Chief Justice Indira Banerjee and Justice Abdul Quddhose noted, "Under the Tamil Nadu Tamil Learning Act, 2006 and/or Rules and/or Regulations framed and/or orders issued thereunder, exemption from appearance at the. …

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