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The Allahabad High Court recently asked the Uttar Pradesh Government to file a detailed affidavit containing records of State-aided Madrasas including on disclosure as to whether such Madrasas admit girl students.

Court has asked the State to also file details of various other recognized Boards that impart theological education around the State.

The Bench of Justice Ajay Bhanot was hearing the plea filed by Madarsa Anjuman Islamia Faizul Uloom seeking the creation of additional posts of teachers in view of an increasing number of students.

Redressing the grievance, the court decided to frame an array of questions to be considered after the exchange of affidavits. The Court has decided to check the validity of State’s funding within the Constitutional framework to religious institutions that impart knowledge in diverse fields and also include courses in theological learning.

Court has asked the State Government to file a counter-affidavit within four weeks having details of syllabi/courses, conditions, and standards of recognition including the requirement for playgrounds at the Madrasas and all other State-aided and recognized religious institutions.

Court also asked the state to shine light in its affidavit on the following aspects of the controversy.

Following the submissions made by the advocates, the Court has formed the following questions for consideration:

-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 matter will be next heard on October 6, 2021. 

(Case Title: C/M, Madarsa Anjuman Islamia Faizul Uloom And Another v. State Of U.P. And 3 Others)