On Tuesday, an appeal was filed in the Supreme Court against a Gauhati High Court order underpinning the Assam Repealing Act, 2020, which mandates the conversion of all provincialized (government-funded) Madrassas in Assam into general schools. On February 4, the High Court dismissed a plea demanding the Act’s validity, stating that the changes brought about by the State’s legislative and executive action are only for provincialized Madrassas, which are school systems, and not for private or society schools.
Md Imad Uddin Barbhuiya and others filed an appeal against the February 4 order, requesting a stay on the High Court order. “The High Court had erroneously observed that the “Petitioner Madrassas being school systems, and wholly retained by the State through provincialisation is hit by Article 28(1) of the Indian constitution and as such, can indeed be allowed by law to instill religious instruction,” the plea said.
The Assam Madrassa Education (Provincialisation) Act, 1995 (revoked by the Act of 2020) is only restricted to the State agreeing to pay salaries as well as provide advantages to classroom instruction and non-teaching staff employed in madrassas, as well as the management, managerial staff, and regulate of these madrassas, according to the appeal.
The infraction of the Petitioner Madrassas’ proprietary rights without financial support is a direct violation of Article 30(1A) of the Indian Constitution, according to the appeal.
The application of the High Court judgement would result in the closure of the Petitioner Madrassas, even as Madrassas would be unable to admit students again for old classes for the current academic year, according to the apex court’s ruling. (ANI).
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