On Friday, the Supreme Court issued notices
to the Union Government and the State of Uttar Pradesh in response to a
petition seeking directions to permit Khwaja Moinuddin Chisti Language
University, Lucknow, to conduct examinations, declare results, and grant
degrees for Kamil (graduate) and Fazil (post-graduate) students enrolled in
recognized Madarsas. The bench comprising Chief Justice of India BR Gavai,
Justice AG Masih, and Justice AS Chandukar issued notice in a petition filed by
the Teachers Association Madaris Arabia and Haji Diwan Saheb Zama. The petition
specifically seeks directions to the State of Uttar Pradesh to authorize Khwaja
Moinuddin Chisti Language University, Lucknow, to conduct examinations and
confer degrees for students pursuing graduation (Kamil) and post-graduation
(Fazil) in recognized Madarsa courses within the State.
The petitioners further seek a direction to
the University to "conduct the final examinations, declare the result and
grant degrees of 'Fazil' and 'Kamil' courses strictly in terms of Section 22 of
the University Grants Commission Act, 1956." The bench, after hearing the
submissions, issued notice and directed that the matter be tagged with another
pending petition titled Mohd
Laman Raza and Ors v. Union of India & Ors, Writ Petition (Civil) No. 128/2025. In that matter, a Supreme
Court bench consisting of Justice JB Pardiwala and Justice R Mahadevan had, in
February, issued notice in a plea seeking the transfer or accommodation of
students enrolled in Fazil and Kamil courses to other recognized educational
institutions.
The present petition places reliance on the
decision in Anjum Kadari v. Union
of India & Ors, wherein the Supreme Court upheld the
constitutional validity of the Uttar
Pradesh Board of Madarsa Education Act, 2004 and set aside the
judgment of the Allahabad High Court, which had earlier invalidated the Act.
However, in the same decision, the Supreme Court held that the provisions of
the Madarsa Education Act relating to 'Fazil' and 'Kamil' courses were
unconstitutional, as they conflicted with the University Grants Commission Act,
enacted under Entry 66 of List I of the Constitution.
Following this ruling, the petition
highlights that the Madarsa Education Board, through correspondence dated
16.01.2025 addressed to all District Minority Welfare Officers across the State
of Uttar Pradesh, stated that no Madarsas in the State were authorized to
impart education in 'Fazil' and 'Kamil' courses, and that the Madarsa Education
Board itself was not empowered to grant degrees for these courses.
The petition underscores that the State’s
directive could severely impact the academic and professional futures of nearly
50,000 students currently enrolled in 'Fazil' (post-graduate) and 'Kamil'
(graduate) courses, as well as students pursuing the 'Alim' (Senior Secondary)
course in recognized Madarsas across Uttar Pradesh. It argues that the
correspondence issued by the Madarsa Board would leave these students without
any academic recourse, violating their fundamental rights under Articles 14,
19(1)(g), 21, 28, and 30 of the Constitution. The plea draws support from the Anjum Kadari
judgment, where the Supreme Court upheld the constitutional validity of the U.P. Madarsa Education Act, 2004
for regulating Madarsa education at the school level but held that the Act’s
provisions concerning higher education degrees like 'Fazil' and 'Kamil'
conflicted with the UGC Act and were therefore unconstitutional.
Accordingly, the petition seeks two primary
reliefs: first, a direction to the State of Uttar Pradesh to authorize Khwaja
Moinuddin Chisti Language University, Lucknow, to conduct examinations and
confer degrees for 'Kamil' and 'Fazil' courses offered by recognized Madarsas
in the state; and second, a direction to the University itself to carry out
final examinations, declare results, and grant degrees strictly in accordance
with Section 22 of the University Grants Commission Act, 1956. The petition is filed
with the assistance of Advocate-on-Record (AOR) Rohit Amit Sthalekar.
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