Yogi Sarkar questioned the Madrasah degree
The Uttar Pradesh government has questioned the undergraduate and postgraduate level education conducted by the Madrasa Board. The government has told the Supreme Court that on the basis of the Kamil and Fazil degrees awarded by the UP Madrasa Board at the undergraduate and postgraduate levels, the youth cannot get jobs either in the state government or in the Government of India.
In his affidavit filed in the Supreme Court, Yogi Sarkar has said that the Kamil and Fazil degrees awarded by the UP Madrasa Board are neither equivalent to university degrees nor the courses taught by the board. In such a situation, graduation and post graduation students from Madrasa Board can be eligible only for those jobs which require high school/intermediate qualification.
The decision of the Allahabad High Court was challenged in the Supreme Court
Shakeel Ahmed Siddiqui, joint secretary of UP government’s minority welfare and Muslim Waqf department, has filed this affidavit in the Supreme Court in response to the petitions challenging the Allahabad High Court’s decision. The High Court struck down the UP Madrasa Education Board Act, 2004 as violative of fundamental rights and principles of secularism. Also, the state government was ordered to accommodate students studying in madrassas in mainstream schools.
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‘Madrasahs are not capable of imparting modern education’
In an affidavit filed in the Supreme Court, the UP government has said that only mainstream subjects are taught in madrassas from class 1 to 8. Whereas in class 9 and 10, mainstream subjects are not compulsory but optional and students have to choose only one subject. The government has said that therefore, for students to get comprehensive mainstream education, they have to go to mainstream schools in class 9 as madrassas are not capable of imparting modern education.
The government says that only mainstream subjects from class 1 to 8 in madrasas are as per state SCERT syllabus. After Class 8, students are required to attend mainstream schools to receive a comprehensive mainstream education, as madrasas are not equipped to provide such education with a focus on religious studies.
Madrasahs offer Kamil and Fazil degrees
Besides, the state government in its affidavit has also said that at the undergraduate and postgraduate levels, the UP Madrasa Board offers special courses for the teaching of Arabic-Persian and Deenyat subjects for Kamil and Fazil degrees respectively, which provides Arabic-Persian. and Deenayat courses in madrasas are the minimum educational qualifications required to teach in these subjects.
The Government has stated that these courses are not considered equivalent to any university established by the Government of UP/India, nor can education in these courses be considered as a substitute for an undergraduate/postgraduate degree of any university for employment in the State. or recognized at Central Government level. In such a situation, madrasa educated students can get employment only for those jobs which require high school/intermediate qualification.
‘We will follow the order of the Supreme Court’
However, the UP government has made it clear that whatever order the Supreme Court gives in this matter will be followed. While considering an appeal filed by Anjum Qadri and others in this matter, the Supreme Court stayed the High Court’s decision. Also a response was sought from the UP government and others.
One lakh 35 thousand 764 government aided schools
In its affidavit filed in the Supreme Court, the UP government has said that in pursuance of a government order dated April 4, 2024, the Director, Minority Welfare, Director, Basic Education and Director, Secondary Education departments were called to implement the High Court’s decision. The meeting observed that the state’s education system has sufficient number of schools and education facilities to accommodate madrasa students. The UP government has said that there are 1 lakh 35 thousand 764 government aided schools in the state. In which one crore 50 lakh 96 thousand students study, while there are 72 thousand 800 private schools and more than 85 lakh students study in them.
NCPCR raised questions on madrasa education
The National Commission for Protection of Child Rights (NCPCR) has filed an affidavit in the Supreme Court saying that the education provided to children in madrasas is not comprehensive. Along with this, the commission has said that madrasa education is against the provisions of the Right to Education Act, 2009. The commission has told the court that madrassas are violating children’s fundamental right to good education by failing to provide basic needs.
The panel has said that children in madrassas are being deprived not only of proper education but also of healthy environment and good opportunities for development. Along with this, the commission has also told the court that madrasas impart Islamic religious education to non-Muslims, which is a violation of Article 28 (3) of the Constitution of India.
