Supreme Court Issues Notice On Plea For Degrees To Fazil & Kamil Students Of Madarsas

The Supreme Court on Friday sought responses from the Union and the State of Uttar Pradesh in a plea seeking directions to allow Khwaja Moinuddin Chisti Language University, Lucknow, to conduct exams, declare results and grant degrees for Kamil (graduate) and Fazil (post-graduate) students of recognized Madarsas.The bench of CJI BR Gavai, Justice AG Masih and Justice AS Chandukar issued notice in the petition by Teachers Association Madaris Arabia and Haji Diwan Saheb Zama which sought directions to the State of UP to authorise Khwaja Moinuddin Chisti Language University, Lucknow to conduct exams and grant degrees for students pursuing graduation (Kamil) and Post-Graduation (Fazil) from recognised Madrasas courses in the State. The petitioner also seeks a direction to the University to "conduct the final examinations, declare the result and grant degrees of 'Fazil' and 'Kamil' courses strictly in terms of Section 22 of the University Grants Commission Act, 1956." The bench issued notice and tagged it with a similarly pending petition titled Mohd Laman Raza and Ors v. Union of India & Ors Writ Petition (Civil) No. 128/2025. In the said case, the Supreme Court bench of Justice JB Pardiwala and Justice R Mahadevan in February issued notice in a plea seeking transfer/accommodation of students enrolled in Fazil/Kamil courses to other recognised education institutions. The present plea relies upon the decision Anjum Kadari v. Union of India & Ors, where the Supreme Court had upheld the constitutional validity of the 'Uttar Pradesh Board of Madarsa Education Act 2004' and set aside the Allahabad High Court's judgement which had struck down the Act earlier.At the same time, the Supreme Court, in the said decision, held that the provisions of the Madarsa Education Act regarding 'fazil' and 'kamil' are unconstitutional as they are in conflict with the UGC Act which has been enacted under Entry 66 of List 1.Subsequent to the said decision, the plea stressed that Madarsa Education Board vide Correspondence dated 16.01.2025 issued to all the District Minority Welfare Officers in the State of U.P. stated that none of the Madarsas across the State were empowered to impart education in 'Fazil' and 'Kamil' courses nor was the Madarsa Education Board empowered to grant the degrees of 'Fazil' and 'Kamil'. The petition stresses that the above directive would affect the careers of nearly 50,000 students undertaking their graduation and post-graduation. It states : "Presently 50,000 students are already pursuing such higher degree courses as well as some are students pursuing studies in 'Alim' (Senior Secondary) course and, the aforesaid correspondence will lead to a precarious situation where such students will be displaced without any recourse whatsoever and furthermore, will lead to violation of their fundamental rights enjoined under Article 14, 19(1)(g), 21, 28 and 30 of the Constitution of India."Notably, in Ajum Kadari, the Court held that : a. The Madarsa Act regulates the standards of education in Madarsas recognised by the Board.b. The Madarsa Act is consistent with the positive obligation of the State to ensure that the students studying in the recognized Madarsas attain a level of competency which will allow them to actively participate in society and earn a living.c. Article 21A and the Right to Education Act have to be read consistently with the right of religious and linguistic minorities to establish and administer educational institutions of their choice. The Board with the approval of the State Government can enact regulations to ensure that religious minority educations impart secular education of requisite standards without destroying their minority character.d. The Madarsa Act is within the legislative competence of the State Legislature and traceable to Entry 25 of List 3. However, the provisions of the Madarsa Act which seek to regulate higher education degrees such as 'fazil' and 'kamil' are unconstitutional as they are in conflict with the UGC Act which has been enacted under Entry 66 of List 1. The following reliefs have been sought : a. to issue a writ, order or direction in the nature of mandamus commanding the Respondent State to act conjointly with the Respondent No. 4 - 'Khwaja Moinuddin Chisti Language University, Lucknow' and grant authorization to Respondent No. 4 University to conduct examination in 'Kamil' (Graduation) and 'Fazil' (Post-Graduation) as well as grant degrees to students pursuing 'Kamil' (Graduation) and 'Fazil' (Post-Graduation) from the recognized Madarsas across the State of U.P.;b. To issue a writ, order or direction in the nature of mandamus commanding 'Khwaja Moinuddin Chisti Language University, Lucknow' to conduct the Final Examinations, Declare Result and Grant Degrees of 'Fazil' and 'Kamil' courses in terms of Section 22 of the University Grants Commission Act, 1956;The plea is filed with the assistance of AOR Rohit Amit Sthalekar.Case Details : Teachers...

Supreme Court Issues Notice On Plea For Degrees To Fazil & Kamil Students Of Madarsas

Anmol Kaur Bawa

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