The Supreme Court on Friday stayed the Allahabad High Court verdict striking down the ‘Uttar Pradesh of Madarsa Education Act 2004’, reports Live Law.
“We are of the view that the issues raised in the petitions merit closer reflection. We are inclined to issue notice,” the bench, also comprising Chief Justice of India DY Chandrachud, observed while issuing notice on five Special Leave Petitions filed against the High Court’s judgment.
The bench also comprising Justices JB Pardiwala and Manoj Misra observed that the High Court prima facie erred in understanding the provisions of the Act, which are regulatory in nature.
On March 22, a division bench of Justices Vivek Chaudhary and Subhash Vidyarthi of the Allahabad High Court ruled against the Act saying that it is “unconstitutional”.
The Act provided for madrasas in Uttar Pradesh to operate under the aegis of the state minority welfare department, unlike other minority educational institutes that operate under the education department.
It had directed the state government to accommodate students studying in Islamic schools to other educational institutions.
The petition in the High Court was filed by one Anshuman Singh Rathore challenging the constitutional validity of the Act.