Allahabad High Court asks Centre, UP Govt to specify schemes bringing madrasas under grant-in-aid

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Synopsis

The court passed the order on a PIL registered suo motu in the matter of imparting religious education at the government exchequer's expense

The Lucknow bench of Allahabad High Court on Monday asked the Centre and the Uttar Pradesh government to apprise it of grant-in-aid schemes for madrasas.

The State Government as well as Union of India are directed to file their respective affidavits within the aforesaid period bringing on record the relevant schemes under which Madarsas have been brought under grant-in-aid”, the court ordered.

A division bench of Justice AR Masoodi and Justice OP Shukla also granted time to the National Commission for Protection of Child Rights (NCPCR) to bring on record inspection reports and other relevant communications made to the state government or the madrasas which indicate that religious education imparted in the madrasas at the instance of the state exchequer violated the rights of children. The NCPCR was represented by Advocate Swarupama Chaturvedi.

The court passed the order in a PIL registered suo motu in the matter of imparting religious education at the government exchequer's expense.

“Shri J.N. Mathur, learned Senior Advocate is appointed as Amicus to assist the Court in so far as the suo-motu matter of imparting religious education in the present PIL is concerned”, the court said.

The issue in the PIL emerged while a single judge bench of the High Court was dealing with a plea filed by one Azaj Ahamad and others, who were working as teachers in a Madarsa and their grievance pertained to salary dispute with the Madarsa management.

In the month of March, the high court had directed the Central as well as the State governments to file their respective replies to explain as to how on the funding provided by the Government Exchequer, religious education be imparted and whether this could be in violation of Articles 14, 25, 26, 29, and 30 of the Constitution of India.

The PIL challenges both orders dated March 27 and May 17 passed by the single judge bench calling them erroneous in the eyes of law. 

Case Title: Suo Motu In The Matter Of Imparting Religious Education On Govt. Exchequer v. National Commission For Protection Of Child Rights (NCPCR) Thru. Chairperson , New Delhi And Others