The Supreme Court has asked the Assam Government to appeal against the Gauhati High Court judgment which upheld the Assam Repeal Act 2020.
Justice Ajay Rastogi and Justice CT Ravikumar issued a notice of the suit challenging their decision to convert existing state madrasas (Islamic schools) in Assam into government normal schools.
The petition states that the Act has repealed two Acts namely the Assam Madrassa Education State Act, 1995 and the Assam Madrassa Education (State Staff Services and Reform of Madrassa Education Institutions) Act, 2018.
The Supreme Court rejected the claims of the plaintiffs who said that the government funded them Madrasa they are minority institutions established and managed by the minority community.
The Supreme Court has since added to that All teaching and non-teaching staff in these educational institutions are government employees, These government madrasas cannot establish or run minority institutions.
This judgment was penned by Chief Justice Sudhanshu Dhulia. Justice Sudhanshu Dhulia was later promoted to the Supreme Court.
The Apex Court case was filed by one of Md Imad Uddin Barbhuiya, through lawyer Adeel Ahmed.
In the Supreme Court, the petitioners argued that the conversion of the minority institutions into state-owned institutions by the law would amount to an invasion of their fundamental rights under Articles 14, 21, 25, 26, 29 and 30 of the Constitution. The constitution.
The appeal also states that Assam Madrasa Education Act, 1995, which was repealed by the 2020 Act, it is limited to the Government paying salaries and providing fringe benefits to the teaching and non-teaching staff working in madrasas, as well as the administration, management and control of these schools.
It was submitted that the abolition bill, which would confiscate the property of madrassas and also affect their right to provide religious instruction, was submitted.
It is also said that the operation of the Supreme Court will result in the termination of the petitioner’s institutions such as Madrasa and would prevent students from enrolling in previous courses this academic year.