State cannot close unrecognized madrassa, but can refuse to give government grant: Allahabad High Court

Bureau Prayagraj. Allahabad High Court said that there is no such provision in the law, Which gives the District Minority Welfare Officer the right to close unrecognized Madrasas in the state of Uttar Pradesh.

The management committee of the petitioner Madrasa Ahle Sunnat Imam Ahmed Raza had appealed in the High Court against the order of the District Minority Welfare Officer, Shravasti., In which the petitioner Madrasa was ordered to be closed due to it being unrecognized.

Petitioner’s lawyer seeks recognition of Uttar Pradesh Non-Government Arabic and Persian Madrassa, Administration and service regulation, Referred to Regulation 13 of 2016, In which it was said that an unrecognized Madrasa will not be entitled to receive any grant from the state. He argued that this was the only consequence of derecognition and the madrassa could not have been closed by the authorities.

In Re: Kerala Education Bill, Cited 1957, In which the Supreme Court had divided minority educational institutions into three categories:

“(i) Those who want neither help nor recognition from the state. (i) The help they want. (iii) Those who just want validation but not help. The institutions of the first category are protected by Article 30(1).

The petitioner claimed that he was protected by Article 30(1) of the Constitution of India because he had neither sought assistance nor recognition. Counsel for the state argued that if such unrecognized madrassas were allowed to function, it would create problems with respect to the benefits sought by students passing out from such institutions.

On this, Justice Subhash Vidyarthi said“He cannot deny that there is no such provision in the regulation, Which gives the authorities the right to stop the functioning of the Madrasa on the grounds that it has not been recognised.”

The court made it clear while giving instructions to remove the seal of the madrassa.“The petitioner Madrasa shall not be entitled to claim any Government grant until it is recognized and the Madrasa Education Board shall not be bound to permit the students of the petitioner Madrasa to appear in the examination conducted by the Madrasa Board and the students shall not be entitled to claim the benefit of their qualification obtained from the Madrasa for any purpose connected with the State Government.”