The Gauhati High court has upheld the Assam Repeal Act,2020. that repealed the Madrasa Education Authority The state assembly had passed the Assam Repeal Act,2020 to convert state funded Madrasas in to normal schools.
The High Court upheld the constitutional validity of the Assam Repeal Act,2020. After the passes of this Act, the Assam Madrasa Education Act,1995 and the Assam Madrasa Education Act,2018 were repealed.
According to the case,a writ petition was filed by thirteen petitioners. the petitioners had alleged that the Assam Repeal Act,2020 and subsequent government notification violated their fundamental rights obtained by them under Article 25 26 28 and 30 of the constitution of India. State funded Madrasas are minority institutions and were established and administered by minorities.
A division bench of chief Justice Sudhanshu Dhulia and Justice Soumitra Saikia, after hearing both the sides, said that a religious minority has the right to establish and operate an educational institution of their choice.
The court said that the Madrasas under consideration which are completely run by the state funds. Such Madrasas have no right to give religious instructions. The court said that Article 28 (1) of the constitution is applicable to all educational institutions and not only those institutions established and administered by minorities. The court said that secularism is a part of the basic spirit of the constitution and under the constitution all citizens are equal before the law. Therefore in a multi religious society like India, the preference given by the state to any one religion is against the principle of Articles 14 and 15 of the constitution. Thus it is the secular nature of the state, which forbids the state from providing any religious instruction in any educational institution run by the state funds. Article 28(1) of the constitution on clearly stated that no religious instruction shall be given in any educational institution run by the state funds. The court was of the view that after the passes of Madrasa Education (provincial) Act-1995. the salaries and allowences of the madarsa's employees were being paid from the government treasury. And after the provincialization of Madrasas, Madrasas ceased to be minority institutions. Therefore, there is no merit in the claim of the petitioners that the Madrasas under consideration are minority. The court also refused to accept this contention of the petitioners, the madarsas in question are not fully run out of state funds as they charges students fees.
