Guwahati: The Gahati High Court on Friday confirmed the laws that were passed by the Assembly Assam to close all state-funded madrasas and turn it as a school for general education.
Governor Assam has given his approval to the law exactly a year ago.
About 900 private madrasas, community madrasas or “qawmi madrasah” and “maktab”, almost all of which are run by Jamiat Ulama and not the government, will, will remain functional.
The division bench consisting of the chairman of Justice Sudhanshu Dhulia and Justice Soumitra Saikia, while rejecting the Writ petition submitted by 13 applicants who challenged the Act Assam Repealing 2020 passed by the Assembly on December 30, 2020 said, “Executive commands under the challenge before We have not been shared with teacher services that have so far provided education in madrasas.
They will now be asked to teach Arabic or can even be trained to teach other subjects.
“Confering that secularism means treats everyone evenly, the court observes,” we live in democracy and under the constitution where all citizens are equal to the law.
Therefore, preferences are given by the state for each religion, in multi-religious communities such as our principles, eliminating the principle of article 14 and 15 of the Indian constitution.
Thus the secular nature of the state the mandate that there is no religious instruction in Provide in each educational institution that is fully maintained from state funds [Article 28 (1)].
“Under the Act of Assam Engay there were two laws – Assam Madrassa Education (Provincialization) Act 1995 and Assam Madrassa Education (provincialization of employees and re-regulating madrassa educational institutions) Act 2018 – Redundan and opened the way to change this situation – Madrasah -Dunia to elementary school, high school and high school.
The court rejected the argument made by the senior adviser advisor Petitioner Sanjay Hegde that the revocation and command of the government further violated the basic rights of the applicants based on Articles 25, 26 and 30 of the Indian Constitution.
Assam: The Gahati High Court upholds the law to convert Govt-Run Madrasah to Public Schools
