Challenge to Act converting State-funded madrasas in Assam to government schools: Supreme Court seeks State's response

The Supreme Court on Tuesday sought the response of the Assam government in an appeal against a Gauhati High Court verdict upholding the Assam Repealing Act of 2020. (Md Imad Uddin Barbhuiya v. State of Assam and ors).A Bench of Justices Ajay Rastogi and CT Ravikumar issued notice in the plea challenging the decision that had in effect turned existing provincialized madrasas (Islamic schools) in the State of Assam to regular government schools..The Act had repealed two laws - the Assam Madrassa Education Provincialisation Act, 1995 and the Assam Madrassa Education (Provincialisation of Services of Employees and Reorganisation of Madrassa Educational Institutions) Act, 2018.The High Court had held on February 4 this year dismissed the claim by the petitioners that government-funded madrasas are minority institutions established and administered by the minority community.Since the entire teaching and non-teaching staff of these educational institutions are government servants, State madrasas cannot be said to be established or run by minority institutions, the High Court had added.The judgment was penned by then Chief Justice Sudhanshu Dhulia, who has since been elevated to the Supreme Court..The plea before the top court has been filed by one Md Imad Uddin Barbhuiya, through Advocate Adeel Ahmed.It is contended that the High Court had erroneously observed that the madrasas being government schools, and wholly maintained by the State through provincialization, are hit by Article 28(1) of the Constitution and cannot, therefore, be permitted to impart religious instruction.The petitioners had contended before the High Court that the conversion of minority institutions to government ones by the Act amounted to an invasion of their fundamental rights under Articles 14, 21, 25, 26, 29 and 30 of the Constitution.The appeal also states that the Assam Madrassa Education (Provincialization) Act, 1995, which was repealed by the 2020 Act, is only limited to the State undertaking to pay the salaries and providing consequential benefits to teaching and non-teaching staff employed in madrasas, as also the administration, management and control of these madrasas.The repealing Act will, however, take away the property of the madrasas and also impinge upon their right to provide religious instruction, it is submitted.It is further contended that the operation of the High Court judgment would result in the discontinuation of the petitioner institutions as madrasas and would prevent them from admitting students for the old courses for this academic year..Senior Advocate Sanjay Hegde with advocates Adeel Ahmed, Abdar Razaque Bhuyan, Mohd Sharuk Ali, and Raghav Gupta appeared for the petitioners. [Read order]