Is States Aid To Religious Educational Institutions Consistent With The Secular Provision Of The Constitution: Allahabad HC Seeks States Response

Key Takeaways

• A duly recognized Madrasa requested the UP Government to create more teaching posts owing to the increase in the number of students.
• The State Government, however, rejected the application, following which the Madrasa approached the Allahabad High Court.
• The High Court sought the State’s response on the various provisions of the Madrasas recognized/ or aided by it.
• The Court also framed a number of questions and directed the State to respond to the questions in its counter-affidavit.

Facts of the Case

• Madrasa is the Arabic word meaning a type of educational institution that provides religious education to underprivileged Muslims.
• One such Madrasa in Uttar Pradesh, recognized by the Madrasa Board and aided by the State Government, filed a petition before the Allahabad High Court, seeking the creation of additional teaching posts due to the increase in the number of students.
• Through the petition, the Madrasa also challenged the State Government’s decision of rejecting the application moved in respect of the creation of additional posts of teachers.

Court Order

• The Allahabad High Court, comprising Justice Ajay Bhanot, directed the State Government to file its counter affidavit within four weeks.
• In its counter affidavit, the State is required to submit the syllabi/courses, conditions, and standards of recognition including the playground requirement at the Madrasas and all other religious institutions which are recognized/aided by the State.
• Similarly, it was also stated that the State should disclose whether the Madrasas, recognized/aided by it, admit female students.
• Furthermore, the Learned Judge framed six questions that the State Government is obliged to respond to in its counter-affidavit. The matter was adjourned to 6th October 2021.

Questions framed by the Court

• Whether the State Government’s aid to religious educational institutions is consistent with the Secular provision of the Constitution?
• Whether such funding implements the constitutional protection afforded to all religious faiths especially religious minorities with reference to Articles 25 to 30?
• Whether the institutions which teach in diverse fields and include courses in theological learning would mean “religious instruction or religious worship”, or only schools which exclusively give religious education come under Article 28?
• Whether the absence of a mandatory provision for playgrounds for recognition for Madrasas and other religious institutions is incompatible with the rights of children under Article 21 r/w Article 21A?
• Whether other religious minorities are also provided with government funding for running theological schools?
• Whether women are prohibited from applying as students in religious schools and if it is so, whether such a ban amounts to discrimination prohibited by the Constitution?

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