HC: Madrasa can be run sans formal recognition
LUCKNOW, Jan. 20 -- The Lucknow bench of the Allahabad high court has directed the state authorities concerned in Uttar Pradesh to open the seal of an unrecognised madrasa after the state failed to show any legal provision enabling the government to stop the functioning of such a madrasa.
The court, in its order, said the state could not dispute the fact that there is no provision enabling the authorities to stop the functioning of a madrasa on the ground that it is not recognised.
It, however, clarified that such a madrasa will not be entitled to claim any government grant till it is recognised and the Madrasa Education Board will not be obliged to permit its students in the examination conducted by it.
Justice Subhash Vidyarthi passed the judgment on January 16 on a petition filed by Madarsa Ahle Sunnat Imam Ahmad Raza situated in Shravasti district, challenging an order passed by the district minority welfare officer of Shravasti on May 1, 2025 for closure of the madrasa.
The students will not be entitled to claim the benefit of their qualification acquired from the madrasa for any purposes relating to the state, the court said. "The seal put on the petitioner madarsa will be opened within 24 hours of production of a certified copy of this order," the court ordered.
It was argued on behalf of the petitioner, that the madrasa was not seeking any grant from the state and thus non-recognition cannot lead to its closure. The petitioner's counsel submitted that the Supreme Court in a case has 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)," he added.
Opposing the plea, the state counsel contended that running of an unrecognised madrasa may create unwarranted complications as its students will not be entitled to claim any benefit on the basis of qualification acquired from unrecognised madrasa.
Allowing the petition, the court quashed the order passed by the district minority welfare officer and directed state authorities to open the seal of the madrasa. HTC...
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