The Allahabad High Court has clarified that madrasas which do not have official recognition are not prohibited from functioning in Uttar Pradesh, as there is currently no law authorising the State to shut them down solely for that reason. The ruling came while examining a challenge to an order passed by a district official directing the closure of an unrecognised madrasa.
The case concerned Madarsa Ahle Sunnat Imam Ahmad Raza, which had been sealed by authorities on the ground that it was operating without recognition from the Uttar Pradesh Madrasa Education Board. Setting aside the closure order, the High Court observed that the government failed to cite any statutory provision that empowers it to close a madrasa merely because it lacks recognition.
The Court, however, drew an important distinction between the right to operate and the benefits of recognition. It noted that while unrecognised madrasas may continue to function, they cannot claim advantages reserved for recognised institutions. These include eligibility for government funding, participation in board-conducted examinations, or state-approved certification for students.
Counsel appearing for the madrasa relied on Article 30(1) of the Constitution, which guarantees minorities the right to establish and manage educational institutions of their choice. The Court acknowledged that this constitutional protection prevents arbitrary interference by the State in the absence of clear legislative backing.
In conclusion, the Allahabad High Court reaffirmed that non-recognition alone does not make the operation of a madrasa illegal, though such institutions remain outside the formal regulatory and benefits framework until they secure official approval.
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