Court Upholds Minority Rights Under Article 30(1) of the Constitution, Allows Unrecognized Madarsa to Operate Without State Aid or Recognition
In a significant ruling, the Allahabad High Court has quashed an order by the District Minority Welfare Officer of Shrawasti, which directed the closure of C/M Madarsa Ahle Sunnat Imam Ahmad Raza due to its lack of recognition. The court, presided over by Justice Subhash Vidyarthi, upheld the rights of minority educational institutions under Article 30(1) of the Indian Constitution, allowing them to operate without seeking aid or recognition from the state.
The petitioner, C/M Madarsa Ahle Sunnat Imam Ahmad Raza, challenged the closure order dated May 1, 2025, arguing that as a minority institution not seeking state aid, it is protected under Article 30(1) of the Constitution. The court concurred, noting that the Uttar Pradesh Non-Governmental Arabic and Persian Madarsa Recognition, Administration and Services Regulation, 2016, does not authorize the cessation of operations for unrecognized madarsas, but merely affects their eligibility for state grants.
The court emphasized that minority institutions that neither seek aid nor recognition from the state fall under the protection of Article 30(1), as affirmed in the Supreme Court cases of Anjum Kadari v. Union of India and In re: Kerala Education Bill, 1957. This protection ensures such institutions cannot be compelled to cease operations solely due to non-recognition.
The learned Additional Chief Standing Counsel for the State of U.P. opposed the petition, citing potential complications for students of unrecognized madarsas. However, the court found no regulatory provisions allowing the enforcement of closure based on non-recognition alone.
The court's decision allows the madarsa to continue its operations, albeit without access to government grants or the ability for its students to participate in state-recognized examinations until proper recognition is obtained. The court ordered the removal of the seal placed on the madarsa within 24 hours of presenting the court's order.
This judgment reinforces the constitutional protection afforded to minority educational institutions, affirming their right to operate independently of state interference, provided they forgo state aid and recognition.
Bottom Line:
Minority educational institutions not seeking aid or recognition from the State are protected under Article 30(1) of the Constitution of India.
Statutory provision(s): Article 30(1) of the Constitution of India, Uttar Pradesh Non-Governmental Arabic and Persian Madarsa Recognition, Administration and Services Regulation, 2016
