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Synopsis

The Allahabad High Court has recently directed the Central Government and State Government to file their respective affidavits explaining as to how on Government's expense or the funding provided by the Government Exchequer religious education can be imparted. 

"Whether this could be in violation of Articles 14, 25, 26, 29, and 30 of the Constitution of India," a single judge bench of Justice Dinesh Kumar Singh asked the governments to explain. 

The court was dealing with a plea filed by one Azaj Ahamad, a teacher in a Madarsa located in Samdaniya Islamia, Shudnipur, District-Jaunpur pertaining to his salary dispute. 

Dealing with the issue at hand, court noted that the concerned Madarsa, besides normal curriculum, was also imparting religious education.

Therefore, court sought the affidavits of the Central Government from the Secretary, Ministry of Minority Affairs, Government of India and State Government from the Principal Secretary, Department of Minority Welfare and Waqf, Government of Uttar Pradesh answering the aforesaid questions within a period of six weeks from the date of the order. 

For the meanwhile, court ordered, "If the petitioner has been teaching in Madarsa Samdaniya Islamia, Shudnipur, District-Jaunpur and the said Madarsa has received funds from the Government(s), the petitioner should be paid salary as per his appointment letter dated 06.04.2016".

Case Title: Azaj Ahmad v. State of UP