Allahabad High Court strikes down UP Madrasa Education Act, calls it 'unconstitutional'

The Allahabad High Court on Friday ruled that the Uttar Pradesh Board of Madarsa Education Act, 2004 is unconstitutional. The decision came from a bench comprising Justice Vivek Chaudhary and Justice Subhash Vidyarthi in response to a writ petition.

The petition raised issues concerning the administration of Madrasas by the Minority Welfare Department, involving both the Union of India and the State government.

The Allahabad High Court has declared the Uttar Pradesh Board of Madarsa Education Act, 2004 as "Ultra Vires". This decision was made during the hearing of a plea filed by Anshuman Singh Rathore, challenging the legality of the Act and certain provisions of the Right of Children to Free and Compulsory Education (Amendment) Act, 2012.

It's important to note that Uttar Pradesh has over 25,000 madrassas, with more than 16,500 being recognized by the UP Board of Madrassa Education.

Advocates Aditya Kumar Tiwari and Ghulam Mohammad Kami represented the petitioner, while several advocates appeared for the respondents. In March, the Uttar Pradesh Special Task Force (STF) identified 13,000 illegal Madarsas in the state and recommended their closure to the Uttar Pradesh government.