(1.) The High Court of Judicature at Allahabad[1] has held the Uttar Pradesh Board of Madarsa Education Act, 2004[2] to be unconstitutional on the ground that it violates the principle of secularism and Articles 14 and 21A of the Constitution. The Madarsa Act established the Uttar Pradesh Board of Madarsa Education,[3] to regulate, among other things, the standards of education, qualifications for teachers, and conduct of examinations in Madarsas in the State of Uttar Pradesh. The entirety of the Act has been struck down by the High Court.
(2.) The term 'madarsa' refers to any school or college where any sort of education is imparted.[4] The history of the establishment of Madarsas in the Indian subcontinent may be traced to the rule of the Tughlaqs.[5] The pre-colonial Madarsas were of two types: (i) the Maktabs which were attached to mosques and imparted elementary education; and (ii) the Madarsas which were centres of higher learning and contributed to the administrative, religious, and cultural needs of the prevalent society.[6] During colonial rule, the relative importance of Madarsas diminished with the introduction of English as the language of the colonial administration.[7]
(3.) The colonial government formulated the Education Code of 1908 to recognize Madarsas in Uttar Pradesh for conducting Arabi-Pharsi examinations. The Arabic institutions preparing candidates for Maulvi, Alim, and Fazil examinations and the Persian institutions preparing candidates for Munshi and Kamil examinations were required to make an application to the Registrar of Arabic and Persian Examinations.
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