The Supreme Court on Friday stayed the Allahabad High Court's recent decision to declare the Uttar Pradesh Board of Madarsa Education Act, 2004 unconstitutional, reports Bar and Bench.
A bench of Chief Justice of India (CJI) DY Chandrachud and Justices JB Pardiwala and Manoj Misra passed the stay order on finding that the High Court's views on the matter appeared to be, prima facie, incorrect.
"The object and purpose of Madarasa Board is regulatory in nature and Allahabad High Court is not prima facie correct that the establishment of such a Board will breach secularism," the top court said.
The High Court had reasoned that "the State has no power to create a board for religious education or to establish a board for school education only for a particular religion and philosophy associated with it. Any such action on part of State violates the principles of secularism, which is in the letter and spirit of the Constitution of India."
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