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Education News

to qualify to write class X and judge bench of the Supreme
XII board examinations. As per Court presided by Chief Jus-
the board’s regulations, mini- tice D.Y. Chandrachud, up-
mum of 75 percent attendance held the validity of the UP
is mandatory for students to Board of Madarsa Education
be eligible to appear for board Act, 2004, and struck down
examinations. The board offers the Allahabad high court ver-
a 25 percent relaxation only dict.
in cases of exigencies such as Upholding the consti-
medical emergencies, participa- tutional validity of the im-
tion in national or international pugned Act, the Supreme
sports events, and other serious Court held that the Act en-
reasons, provided the necessary ables the UP Board to regu-
documentation is submitted.” late the standard of education
Following the prolonged UP madrasa students: balanced education directive in madrasas, not supplant
closure of schools during the them. Therefore the legisla-
Covid-19 pandemic (2020-21) when fundamental right upon all minorities tion is consistent with the obligation of
online tuition became popular to “establish and administer education the State (government) to ensure that
and mandatory for upscale private institutions of their choice”. Therefore children studying in madrasas attain
schools, the coaching/test prep the number of madrasa schools in a level of competency that will equip
industry received a huge boost. With India has grown to 38,000. Of them them to effectively participate in so-
capacity expansion in higher educa- Uttar Pradesh, India’s most populous ciety and earn a living. Moreover, the
tion not keeping pace with demand state (pop.240 million) hosts 13,364 Supreme Court held that Article 21-A
— especially of high-quality under- mainly attended by children of bot- and the RTE Act have to be read con-
grad colleges — the dummy schools tom-of-pyramid Muslim households. sistently with the right of religious and
phenomenon is assuming pandemic On March 27 this year, a two-judge linguistic minorities to establish and
proportions. bench of the Allahabad high court, administer educational institutions
Autar Nehru (Delhi) hearing several writ petitions filed of their choice; and as such the Act is
challenging the vires of the UP Board within the legislative competence of
UTTAR PRADESH of Madarsa Education Act, 2004, the state legislature.
Solomon-like which legislated a framework for regu- has brought great relief to the UP Ma-
“The Supreme Court’s judgement
lating and formalising madrasa educa-
judgement tion statewide, struck down the Act as darsa Board inasmuch as it upholds
unconstitutional. The bench ruled that
the fundamental right of the board
it violated the principle of secularism, to establish and administer madrasas
ince the 2001 airborne suicide as also Articles 14 (equality before the in the state. Thousands of madrasa
attacks on the twin towers in law), 21 (right to personal liberty) and students, teachers and officials were
SNew York, USA and the election 21-A (right to education) of the Con- eagerly awaiting this judgement. Si-
of the BJP/NDA government to power stitution. multaneously the apex court’s verdict
in New Delhi in 2014, madrasas — Is- In light of its verdict the Allahabad has reiterated the obligation of gov-
lamic primary-secondary schools that high court directed the state govern- ernment to ensure that madrasas pro-
originated in circa 800 as study circles ment to accommodate all students vide children with balanced education
in mosques whose curriculums accord studying in madrasas in regular in secular subjects to enable them to
high importance to familiarising chil- schools recognised by the state’s Pri- qualify for well-paid jobs and employ-
dren with the Holy Quran, Islamic mary Education Board and the High ment. This balanced judgement has
personal law and other Islamic sub- School and Intermediate Education bolstered the confidence of Muslims
jects — have attracted global atten- Board. The government was also di- and their faith in the Constitution,”
tion. Although madrasas also teach rected to provide a sufficient number says Dr. Raihan Akther, professor
children secular subjects such as of additional seats and new schools, if of theology at Aligarh Muslim Univer-
maths, grammar, poetry, history and required for this purpose and to en- sity.
science, they are widely viewed as sure that every child between the ages It’s common knowledge that un-
schools that brainwash children into of 6-14 is admitted into a duly recog- der the protection of Article 30, chil-
Islamic fundamentalism. nised institution dispensing high- dren’s education in madrasas is heav-
Article 30 (A) of the Constitution of quality education in secular subjects. ily skewed in favour of theology with
India promulgated in 1950, confers a However on November 6, a three- conventional humanities and science

20 EDUCATIONWORLD DECEMBER 2024