The Supreme Court on Tuesday issued notice on an appeal challenging a Gauhati High Court's judgement, which upheld the Assam government's decision to convert existing provincialised madrassas to regular government schools.
A bench of Justices Ajay Rastogi and C T Ravikumar sought a response from Assam government and others on the plea against the order confirming validity of Assam Madrassa Education (Provincialization) Act, 1995 (repealed by the Act of 2020) and all consequential government orders including the notification of February 12, 2021.
The plea, filed through advocate Adeel Ahmed on behalf of Md Imad Uddin Barbhuiya and others contended that high court has erroneously observed that the petitioner madrassas being government schools, and wholly maintained by the state through provincialisation are hit by Article 28(1) of the Constitution and as such, cannot be permitted to impart religious instruction.
Senior Advocate Sanjay Hegde, representing the petitioners, argued before the bench that the high court's erroneously had equated provincialisation with nationalisation.
The plea added that Assam Madrassa Education (Provincialization) Act, 1995 (repealed by the Act of 2020) is only limited to the state undertaking to pay the salaries and provide consequential benefits to the teaching and non-teaching staff employed in madrassas as also the administration, management and control of these madrassa.
Hedge said the property of the madrassas was taken away.
“The repealing Act of 2020 takes away property coupled with statutory recognition of Madrassa education and the impugned order dated 12.02.2021 issued by the Governor disbands the ‘Assam State Madrasa Board’ created in 1954," the plea said.
It further contended the move amounts to an arbitrary exercise of both legislative and executive powers and amounts to a denial of the petitioners' ability to continue as madrassas providing religious instruction coupled with religious education.
The plea submitted that such an encroachment into the rights of the petitioner madrassas without payment of adequate compensation is a direct infraction of Article 30 (1A) of the Constitution.