UP Madarsa Act: Supreme Court fixes final hearing for August 13

New Delhi: The Supreme Court on Monday fixed August 13 for final disposal of a batch of petitions challenging the Allahabad High Court ruling which had struck down the Uttar Pradesh Board of Madarsa Education Act, 2004 as unconstitutional and violative of the principles of secularism.

Observing that the issue involved was quite narrow, a bench, headed by CJI D.Y. Chandrachud, appointed advocate Ruchira Goel as nodal counsel to compile the written submissions, case laws and other pleadings.

Earlier on April 5, staying the impugned decision, the top court had observed that the Allahabad High Court misconstrued the provisions of the Madarsa Act and the view taken by it was prima facie not correct.

Issuing notice, the SC had asked the Centre, the Uttar Pradesh government, and other respondents to file their counter affidavits by May 31 and listed the matter for further hearing in the second week of July.

Delivering a verdict on a plea filed by an advocate challenging vires of the Madarsa Act, 2004, an Allahabad High Court bench of Justices Subhash Vidyarthi and Vivek Chaudhary, in its March 22 ruling, held the law violative of the principles of secularism, Articles 14, 21, and 21-A of the Constitution of India and Section 22 of the University Grants Commission Act, 1956.

The Allahabad High Court had asked the state government to take steps to accommodate madrasa students in regular schools, adding that if required, new schools would be established to ensure that children between the ages of 6 to 14 years are not left without admission in duly recognised institutions.