The Allahabad High Court sought a response from the Union and the Uttar Pradesh governments as to whether religious education can be imparted in Government-funded madarsas.
A single-judge bench of Justice Dinesh Kumar Singh passed this order while hearing a petition filed by Azaj Ahamad.
The Court said that it is not in dispute that in madarsas besides normal curriculum, religious education is also imparted. The affidavits of the Central Government from the Secretary, Ministry of Minority Affairs, Government of India and State Government from the Principal Secretary, Department of Minority Welfare and Waqf, Government of Uttar Pradesh should be filed answering the petition and aforesaid questions within a period of six weeks.
“Let the Central Government and State Government file their affidavits explaining how on Government expense or the funding provided by the Government Exchequer, religious education be imparted and whether this could be in violation of Articles 14, 25, 26, 29 and 30 of the Constitution of India.
In the meantime, if the petitioner has been teaching in Madarsa Samdaniya Islamia, Shudnipur, District Jaunpur and the said Madarsa has received funds from the Government(s), the petitioner should be paid salary as per his appointment letter dated 06.04.2016,” the Court ordered. The Court has directed to list the matter after six weeks.