The Allahabad High Court’s ruling on the UP Board of Madarsa Education Act is temporarily suspended by the Supreme Court

The Allahabad High Court’s ruling, which deemed the Uttar Pradesh Board of Madarsa Education Act, 2004 “unconstitutional” and a violation of the secularism principle, was placed on hold by the Supreme Court on Friday.

Notices on the arguments against the high court ruling were sent to the Uttar Pradesh government, the Center, and other parties by a three-judge bench presided over by Chief Justice D.Y. Chandrachud.

Judges J B Pardiwala and Manoj Misra were also on the panel. “The object and purpose of Madarsa board is regulatory in nature and the Allahabad HC is not prima facie correct that the establishment of board will breach secularism,” the court said.

The 2004 Act does not allow for religious teaching, and its goal and character are regulatory in nature, according to the top court, which said that HC has misinterpreted many of its passages.

The Uttar Pradesh Board of Madarsa Education Act, 2004 was deemed “unconstitutional” and in violation of the secularism principle by the high court on March 22. The court also requested that the state government make accommodations for present pupils enrolled in the formal education system.

Anshuman Singh Rathore, an attorney, filed a writ case, and the high court ruled that the statute was extra vires.

The petitioner objected to the Minority Welfare Department, rather than the Education Department, managing Madarsa, and contested the legitimacy of the UP Madarsa Board.