The Supreme Court on Friday imposed an interim stay on an order of the Allahabad High Court that declared the Uttar Pradesh Board of Madarsa Education Act, 2004, “unconstitutional” and violative of the principle of secularism.
“The object and purpose of Madarsa board is regulatory in nature and the Allahabad HC is not prima facie correct that establishment of board will breach secularism,” a three-judge bench headed by Chief Justice DY Chandrachud said.
The top court also issued notices to the Centre, Uttar Pradesh government and others on the pleas against the High Court order.
The apex court said High Court has misconstrued provisions of the 2004 act as it does not provide for religious instruction and the purpose and character of the statute is regulatory in nature.
Earlier on March 22, the High Court declared the Uttar Pradesh Board of Madarsa Education Act, 2004, “unconstitutional” and violative of the principle of secularism, and asked the state government to accommodate current students in the formal schooling system.
