The Supreme Court on Tuesday issued a notice on appeal against the Gauhati High Court verdict, which upheld the Assam government’s decision to convert existing madrasas in the state into regular government schools.
A bench of Justices Ajay Rastogi and CT Ravikumar sought response from the Assam government and others on the petition against the order confirming the validity of the Assam Madrassa Education Act, 1995 (repealed by the 2020 Act) and all subsequent government orders. may include notice on February 12, 2021.
The complaint, filed by lawyer Adeel Ahmed on behalf of Md Imad Uddin Barbhuiya and others, argued that the High Court wrongly held that the petitioner’s madrasas are public schools, fully managed by the state. in accordance with Article 28(1) of the Constitution and as such, it cannot be allowed to give religious instructions.
Senior advocate Sanjay Hegde, representing the petitioners, argued in the earlier session that the Supreme Court had wrongly equated regionalism with nationalization.
The petition added that the Assam Madrassa Education (State) Act, 1995 (repealed by the 2020 Act) is limited only to payment of salaries and provision of reasonable benefits to teaching and non-teaching staff working in madrasas and also other administration, management and control of these madrasas.
Hedge said the school’s property was taken.
“The Repeal Act of 2020 takes away the property along with the legal recognition of Madrasa education and the repealed order dated 12.02.2021 issued by the Governor dissolved the ‘Assam State Board of Madrasas’ constituted in 1954,” it said. said the petition.
It also argued that the move amounts to an abuse of both legislative and executive powers, and it amounts to denying the petitioners the ability to maintain religious education in schools that offer religious education alongside religious education.
The petition was submitted that the violation of the rights of the petitioner’s schools without adequate compensation is in direct violation of Article 30 (1A) of the constitution.