New Delhi: After the Supreme Court stayed the Allahabad High Court’s March 22 judgement striking down ‘UP Board of Madarsa Education Act 2004’, senior advocate and Congress leader Salman Khurshid on Friday said that “it’s a far-reaching position” that the Supreme Court has taken to examine in great detail, adding that Madrasa education is not fully and entirely about religion or religious studies but has a lot to do with other important modern subjects.
The Supreme Court on Friday stayed the Allahabad High Court’s March 22 judgement striking down ‘UP Board of Madarsa Education Act 2004’ as unconstitutional and violative of secularism and fundamental rights.
“It’s a far-reaching position that the Supreme Court has taken examine in great detail, exactly the purpose of the Madrasa Board and the background of Madrasa education. The fact that Madrasa education is not fully and entirely about religion or religious studies but has a lot to do with other important modern subjects,” Salman Khurshid told reporters. He further said that the Court has come to the conclusion that this matter should be heard in July.
“Keeping that in mind and to the extent of dislocation that would be suffered by the students and 10 thousand teachers, the Court has come to the conclusion that this matter should be heard in July, till then, everything will remain stayed including the judgement of the High Court,” he added.
All India Muslim Personal Law Board (AIMPLB) member Maulana Khalid Rasheed Farangi Mahali welcomed the Supreme Court judgement.
“We welcome this judgement... In UP, approx. 17 lakh students are getting education under the Madrasa Board. Thousands of teachers and other staff are involved in it. It was a big question mark on their future that created a kind of distress in the people. After the Supreme Court stayed it today, people are happy. Today’s development is a positive development. The judgement is historical,” an AIMPLB member said. Meanwhile, UP Minister Danish Azad said that they would study the decision of the SC and said that whatever guidelines we have received for Madrasa education, we will definitely try to work on them.
“We all will study the decision of the SC. And whatever guidelines we have received for Madarsa education, we will definitely try to work on them... 2017 onwards, our government has taken good steps for Madarsa education, to make it better in every way. We have worked to mainstream the students of a madarsa,” the UP Minister said.
A bench of Chief Justice of India DY Chandrachud and Justices JB Pardiwala and Manoj Misra said the finding of the Allahabad High Court that the establishment of a Madarsa board breaches the principles of secularism may not be correct.
The top court said the High Court judgement would affect 17 lakh students, and it is of the view that direction of relocation of students to another school was not warranted.
“The object and purpose of the Madarsa board are regulatory in nature and the Allahabad High Court is not prima facie correct that the establishment of the board will breach secularism. It (the High Court judgement) conflates Madarsa education with the regulatory powers entrusted with the Board... The impugned judgement shall remain stayed,” the top court said. (ANI)
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