State Can't Shut Unrecognised Madarsa, But Can Deny Government Grants: Allahabad High Court

The Allahabad High Court has held that there is no provision in law which enables the District Minority Welfare Officer to close operations of an unrecognized Madarsa in the State of Uttar Pradesh.Petitioner, Committee of Management of Madarsa Ahle Sunnat Imam Ahmad Raza, had approached the High Court against the order of the District Minority Welfare Officer, Shrawasti by which the closure of petitioner madarsa was ordered on account of it being unrecognized. Counsel for petitioner relied on Regulation 13 of the Uttar Pradesh Non- Governmental Arabic and Persian Madarsa Recognition, Administration and Services Regulation, 2016, which provides that an unrecognized madarsa will not be entitled to receive any grant from the State to argue that this was the only consequence of being recognized and the madarsa could not have been shut down by the authorities. Reliance was placed on In re: Kerala Education Bill, 1957, where the Supreme Court had classified minority educational institutions into three categories:“(i) those which do not seek either aid or recognition from the State; (ii) those which want aid; and (iii) those which want only recognition but not aid. The first category of institutions is protected by Article 30(1).”Petitioner claimed that it was protected by Article 30(1) of the Constitution of India as it neither sought aid nor recognition. Counsel for State argued that if such unrecognized madarsas were allowed to function, it would create complications regarding benefits being claimed by students who pass out from such institutions. On this, Justice Subhash Vidyarthi observed that “he could not dispute the fact that there is no provision in the regulation enabling the authorities to stop the functioning of a madarsa on the ground that it is not recognized.”Directing de-sealing of the madarsa, the Court clarified "that the petitioner madarsa will not be entitled to claim any government grant till it is recognized and the Madarsa Education Board will not be obliged to permit the students of the petitioner madarsa in examination conducted by the Madarsa Board and the students will not be entitled to claim the benefit of their qualification acquired from the madarsa for any purposes relating to the State Government.”Case Title: C/M Madarsa Ahle Sunnat Imam Ahmad Raza Thru.Manager,Abdul Rahman Versus State Of U.P. Thru. Addl. Chief Secy. Minority Welfare Deptt. Civil Sectt. Lko. And 3 OthersClick Here To Read/Download Order

State Can't Shut Unrecognised Madarsa, But Can Deny Government Grants: Allahabad High Court

Upasna Agrawal

Tags