Religious Education At Govt's Expense: ‘Specify Schemes Bringing Madrasas Under Grant-In-Aid’ : Allahabad HC To State Govt, UOI

A bench of Justice Attau Rahman Masoodi and Justice Om Prakash Shukla passed this order on a suo-moto Public Interest Litigation (PIL) on the issue of government funding of religious education in institutions like madrasas.

The following issue is seeking the Court’s attention:

"Whether funding by State Exchequer of institutions imparting religious instructions is violative of Articles 14, 25, 26, 29 and 30 of the Constitution of India?"

It is significant to note that the bench of Justice Devendra Kumar Upadhyaya and Justice Om Prakash Shukla had referred the above-mentioned issue to the PIL Bench in May this year.

During a hearing in the matter last week, Advocate Swarupama Chaturvedi, representing the National Commission for the Protection of Child Rights (NCPCR), prayed for and was granted three weeks' time to bring on record the inspection reports as well as other relevant communications made to the State Government or the Madarsas, according to which religious education imparted in the Madarsas at the instance of State Exchequer violates the rights of children.

The bench also gave the liberty to the NCPCR to file any other communications relating to the other educational institutions whether aided or not where such violations have been noticed.

Importantly, the bench also appointed Senior Advocate JN Mathur as Amicus in the matter to assist the Court in so far as the suo-motu matter of imparting religious education in the PIL is concerned.

The background of the matter

Essentially, the issue in the PIL plea emerged while a single Judge of the HC was dealing with a writ plea filed by one Azaj Ahamad and others, who were working as teachers in a Madarsa and their grievance pertained to some salary dispute with the Madarsa management.

Dealing with their plea, the Single Judge, vide its order dated March 27, sought a response from the Central and State Governments as to whether religious education can be imparted in Government funded Madrasas and whether this could be in violation of Articles 14, 25, 26, 29, and 30 of the Constitution of India.

Further, vide order dated May 17, the single judge, also allowed the National Commission for Protection of Child Rights (NCPCR) to intervene in the matter.

Thereafter, challenging both orders, the writ petitioner moved an intra-court appeal contending that the primary issue/prayer in the writ petition was to seek a direction to the respondents to release his withheld salary and to pay him a regular salary, however, he added, the Court, embarked upon a journey to adjudicate the issue of larger public interest (state funding of religious education).

Division Bench's order

The Division bench agreed with the orders passed by the Single Judge wherein he decided to examine the question about the larger public interest and called upon the state and central government to file their responses in the matter.

The bench also agreed with the decision of the Single Judge to allow NCPCR, which is a statutory commission incorporated primarily for overseeing the protection of children's rights, as an intervenor in the matter.

However, the bench directed the matter to be registered as a separate case and to be posted before the CJ.