In a significant judgment strengthening minority educational rights, the Allahabad High Court ruled on Friday that a madrasa in Uttar Pradesh can legally operate even without formal government recognition. The court quashed an order issued by the District Minority Welfare Officer of Shravasti district that had directed the closure of an unrecognised madrasa.
Justice Subhash Vidyarthi held that compulsory recognition is not a legal requirement for all minority-run institutions and that the Constitution allows them to function independently if they so choose. The ruling has been seen as an important affirmation of the rights guaranteed to religious minorities under the Indian Constitution.
The dispute arose after local authorities sealed a madrasa in Shravasti, arguing that it lacked approval from the Uttar Pradesh Madrasa Education Board. The management challenged the move, contending that state recognition is not mandatory for running a madrasa, particularly when it does not seek government aid.
Arguing for the petitioner, advocate Sayyed Farooq Ahmed referred to a Supreme Court classification that places minority institutions into three categories: those that seek neither recognition nor aid, those that seek aid, and those that seek only recognition. He submitted that the Shravasti madrasa fell into the first category and was therefore protected under Article 30(1) of the Constitution.
Article 30(1) guarantees religious and linguistic minorities the right to establish and administer educational institutions of their choice without undue state interference. The High Court reaffirmed that this protection allows madrasas to function autonomously, provided they do not claim government benefits.
The state government argued that unrecognised madrasas could disadvantage students, as they would not be eligible for scholarships, certifications, or board examinations. While acknowledging this concern, the court clarified that such consequences do not justify shutting down an institution. Justice Vidyarthi stated that unrecognised madrasas cannot receive government grants and their students cannot sit for Madrasa Board exams, but they remain legally entitled to operate.
Concluding the case, the High Court directed that the sealed madrasa be reopened within 24 hours of the management submitting a certified copy of the order to district officials.
Legal observers say the ruling reinforces constitutional safeguards for minority education and may impact similar cases across Uttar Pradesh, particularly at a time when madrasas have faced increased scrutiny.
