Can State have statutory Education Boards permitting religious education? Allahabad HC seeks UOI's reply

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Synopsis

Court noted that though in pursuance of an earlier order of the court, a reply had been filed by the Union Government, however, the same did not state any specific answer to the query raised

In the plea concerning management of Madarsas in Uttar Pradesh, the Allahabad High Court on Wednesday asked the Ministry of Education and Ministry of Minority Affairs to file their respective response on the question as to whether the State can have statutory Education Boards, permitting religious education.

The bench of Justice Vivek Chaudhary and Justice Subhash Vidyarthi noted that though in pursuance of an earlier order of the court, a reply had been filed by the Union Government, however, the same did not state any specific answer to the query raised.

Therefore, the division bench ordered the counsel appearing on behalf of Union of India to seek instructions on the aforesaid point in writing from both the concerned Ministries. 

Court directed the replies to be placed before it by February 2, 2024.

"It is expected that both the Ministries will fully cooperate with the learned counsel for Union of India, who shall advance his submissions before this court on 02.02.2024," ordered the court.

For further hearing, court posted the matter on February 1, 2024 (today).

On December 7, 2023 the high court had sought clear and specific policies and views of the Union of India, the State Government, and the U.P. Madarsa Education Board concerning the appointment of persons belonging to only a particular religion as the members of the Board. 

Court had pointed out that the management of Madarsa impacts a huge number of students in the country and the quality of their education, therefore, the governments' clear stand was essential.

Case Title: Anshuman Singh Rathore v. Union Of India Thru. Secy. Ministry Of Edu. New Delhi And 3 Others