SC notice to Assam on plea against conversion of madrasas into govt schools

The Gauhati high court’s February 4 verdict was challenged by 13 petitioners who approached the Gauhati bench against the Assam Repealing Act of 2020 which scrapped two laws

NEW DELHI: The Supreme Court on Tuesday issued notice to the Assam government on a petition challenging an order of the Gauhati high court which upheld the decision of the Assam government to convert existing madrasas into government schools.

The Supreme Court’s bench of justices Ajay Rastogi and CT Ravikumar issued notice to the state government on the appeal (HT File Photo)

The high court’s ruling of February 4 was challenged by 13 petitioners who opposed the Assam Repealing Act of 2020 by which two laws – The Assam Madrasa Education Provincialisation Act 1995 and Assam Madrasa Education (Provincialisation of Services of Employees and Reorganization of Madrasa Educational Institutions) Act 2008, stood scrapped.

On Tuesday, a bench of justices Ajay Rastogi and CT Ravikumar issued notice to the Assam government, the Assam education department, Board of Secondary Education and the Assam assembly secretary.

The petitions claimed that the high court order failed to recognize the fact that the madrasas imparting education of Islam were established and administered by minority community, enjoying protection under the Constitution.

However, the HC held that the madrasas were funded by the government and the entire teaching and non-teaching staff in these institutions were government servants. The high court held that such institutions will be covered by Article 28(1) of Constitution which does not permit any religious instruction in educational institutions wholly maintained out of state funds.