Is State Funding To Madrasas & Other Religious Educational Institutions Consistent With Constitution's Secular Scheme?: Allahabad HC Seeks Govt Reply

The Allahabad High Court recently decided to consider a bunch of questions framed by it on issues related to religious educational institutions like Madrasa vis-a-vis the role of and interplay between the State Government and such institutions within the framework of the Constitution.

The Bench of Justice Ajay Bhanot was hearing the plea of a Madrasa duly recognized by the Madrasa Board and aided by the State Government seeking the creation of additional posts of teachers in view of an increasing number of students.

The petitioner also challenged the Uttar Pradesh Government's decision to reject the representation/application for the creation of additional posts.

Against this backdrop, the Court before proceeding with the matter, asked the State Government to bring in the record the syllabi/courses, conditions, and standards of recognition including the requirement for playgrounds at the Madrasas and all other religious institutions which are recognized or aided by the State Government.

The Court further asked the State Government to disclose as to whether Madrasas so recognized and aided also admit girl students.

• Whether the policy of the State Government to provide financial aid to educational institutions which impart religious education is consistent with the scheme of the Constitution, particularly, in light of the word "Secular" in the Preamble to the Constitution of India?
• Whether Government sfunding of institutions run by religious minorities which impart religious education faithfully implements the constitutional protection afforded to all religious faiths especially religious minorities in the country, especially with reference to provisions of the Constitution from Articles 25 to 30 of the Constitution of India?
• Whether the institutions which impart knowledge in diverse fields and also include courses in theological learning come within the ambit of the phrase "religious instruction or religious worship" or only schools which exclusively impart religious education come within the ambit of Article 28 of the Constitution of India?
• Whether the absence of a mandatory provision for playgrounds for recognition even for Madrasas and other religious institutions is incompatible with the rights of children conferred by Article 21 read with Article 21A of the Constitution of India?
• Whether other religious minorities are also provided government aid for running theological schools?
• Whether there is a prohibition against women from applying as students in religious schools and if so whether such bar is an act of discrimination prohibited by the Constitution?

The State Government was directed to file a counter affidavit within a period of four weeks.

The matter was argued by Sr. Advocate, G. K. Singh, and Advocate Mohammad Ali Ausaf

Case title - C/M, Madarsa Anjuman Islamia Faizul Uloom And Another v. State Of U.P. And 3 Others 

Click here To Download Order

Read Order