Allahabad HC sought a response from Govt of India & UP Govt on religious education in Madrasas imparted on Govt expense

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Uttar Pradesh, India: On March 27, the Allahabad High Court sought a response from the Government of India and the Uttar Pradesh State Government on whether imparting religious education in government-funded Madrasas violates Articles 14, 25, 26, 29, and 30 of the Constitution of India.

The Court was hearing a plea filed by Azaj Ahamad who is a teacher in a Madrasa located in Samdaniya Islamia, Shudnipur in Uttar Pradesh’s Jaunpur district. He filed the plea before the Court over a salary dispute seeking relief against the respondents.

However, the Court sought a response from the Government of India and the State Government to explain “how on Government expense or the funding provided by the Government Exchequer religious education be imparted and whether this could be in violation of Articles 14, 25, 26, 29 and 30 of the Constitution of India.

Furthermore, the Court observed that “It is not in dispute that in Madarsa besides normal curriculum, the religious education is also imparted.”

The Court gave six weeks’ time to the Government of India and the State Government to file a response and stated, “The affidavits of the Central Government from the Secretary, Ministry of Minority Affairs, Government of India and State Government from the Principal Secretary, Department of Minority Welfare and Waqf, Government of Uttar Pradesh should be filed answering the petition and aforesaid questions within a period of six weeks from today.”

The Court, on Azaj Ahamad’s plea, held that “In the meantime, if the petitioner has been teaching in Madarsa Samdaniya Islamia, Shudnipur, District-Jaunpur and the said Madarsa has received funds from the Government(s), the petitioner should be paid salary as per his appointment letter dated 06.04.2016.”

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