AAFREEN Vs. STATE OF U.P.

JUDGEMENT

(1.) Present special appeal has been treated as defective due to non supply of the impugned order in question in original, today when the matter has been taken up learned counsel for the petitioner appellants has proceeded to file the original copy of the judgment in question and, accordingly, the defect as indicated/reported stands removed/cured.

(2.) Aafreen and six others are before this Court assailing the validity of the judgement dated 1.4.2016 passed in writ petition No. 12955 of 2016 ( Aafreen & 6 others Vs. State of U.P. & 5 others) wherein learned Single Judge has refused to interfere with the scheme which the Board has framed for conducting the examinations.

(3.) Brief background of the case is that in the State of U.P. education in Madarsas is governed under the U.P. Board of Madarsa Education Act, 2004 (hereinafter referred to as the "Act of 2004"), an Act to provide for the establishment of a Board of Madarsa Education in the State and for the matters connected therewith or incidental thereto. The said Act in question has been promulgated with the following statement of object and reasons. Earlier in paragraph 55 of the Education Code the Registrar, Arabi -Pharsi Examinations, U.P., Allahabad had been authorised to recognise the Arabi -Pharsi Madarsas in the State and for conducting the examinations of such Madarsas. These Madarsas were managed by the Education Department. But with the creation of the Minority Welfare and Wakfs Department in 1995 all the works relating to such Madarsas were transferred from Education Department to the Ministry Welfare Departments by virtue of which all the works relating to Madarsas are being performed under the control of the Director, Minority Welfare, Uttar Pradesh and the Registrar/Inspector Arabi -Pharsi Madarsas, Uttar Pradesh. The Arabi -Pharasi Madarsas were being administered under the Arabi -Pharasi Madarsas Rules, 1987 but since the said rules have not been made under an Act, many complication arose in running the Madarsas under the said rules. Therefore with a view for removing the difficulties arisen in running the Madarsas, improving the merit therein and making available the best facility of study to the students studying in Madarsas it was decided to make a law to provide for the establishment of a Board of Madarsa Education in the State and for the matters connected therewith or incidental thereto.