Patna High Court directs State to put on hold aid to 609 Madrassas in Bihar till completion of enquiry

The Patna High Court on Tuesday ordered the State government to halt the grant of aid to 609 madrassas until enquiries into the status of these institutions is completed [Md. Alauddin Bismil v State]..In view of concerns raised in the petition before it, the Court also called for a report on the status of over 2,459 government-aided madrassas in Bihar.The bench of Chief Justice Sanjay Karol and Justice Partha Sarathy showed its displeasure over the fact that despite setting up committees to look into such issues, nothing concrete was done. One such committee had been constituted to check the affairs of 609 madrassas that were receiving state aid."Surprisingly, the government, be it for whatever reason, is shying away from placing on record the result of enquiry conducted by these committees," the Court found.The Court opined that there was no sufficient explanation why the enquiry was not completed within a time-bound period, more so when the government itself, way back in 2020, cancelled the grant of aid to at least 88 educational institutions in district of Sitamarhi alone.The bench, therefore, ordered that the enquiries already taken up committees should be expedited and completed within four weeks' time. Till this enquiry is concluded, amounts by way of grants-in-aid shall not be released in favour of 609 madrassas that were receiving such aid, the Court further directed. .The Court further also called for a check on the status of other madrassas registered under the Madarsa Act."We may also remind the Government, as is so alleged by the petitioner, that, perhaps, a detailed enquiry needs to be conducted by a high level committee for there are more than 2459 educational institutions which are registered under the Madarsa Act," the Court said. The Court further directed the Additional Chief Secretary to file a personal affidavit on the status of the approximately 2,459 madrassas registered under the state's Madarsa Act within two weeks after holding a meeting with all the District Magistrates of the State. The Court added that the affidavit should deal with whether these educational institutions are fulfilling the eligibility criteria and have the requisite infrastructure as laid down in the Madarsa Act and regulations, and whether any remedial action is required on such aspects. .The Court was hearing a public interest litigation (PIL) petition filed by Mohammad Alauddin Bismil, who alleged that fake recognition was being given to madrassas in the State on the basis of forged documents.The Court noticed that the government had been releasing huge funds in favour of the educational institutions since 2013 and it was only on account of the directions issued by the Court that the government has taken remedial measures..The bench also expressed concern that despite a first information report (FIR) being registered against such lapses, the outcome of the same was not informed to the Court. "Why no action was taken against the erring officers/officials, who, at the first instance, without verifying the factual matrix allowed public money to be released/disbursed by way of a grant, at least to 88 such educational institutions remains unexplained," the Court noted. .Before adjourning the matter, the Court clarified that the pendency of this case shall not come in the way of the authorities taking appropriate action, whether it is cancelling registration, stopping aid and/or initiating disciplinary proceedings against erring officer(s) and official(s)..While taking any such remedial action, however, the authorities should ensure that the education of children attending such institutions is not affected, the Court added. Every child up to a particular age has a Constitutional and statutory right of being educated, the Court asserted."Hence, it shall be ensured that with the closure of any institution, education of the children is not affected and that they are admitted in any government or other educational institution closer to the place of residence of the child", the order stated..The matter will be taken up next on February 14..Advocates Rashid Izhar and Md. Anis Akhtar appeared for petitioner. Advocate Shashi Shekhar Tiwary appeared for respondents. Advocate Aslam Ansari appeared for Madarsa Board. .[Read Order]