Paridhi Arya
Published on June 1, 2022 at 16:07 ST
The Special Leave Petition was filed by Petitioners against the decision of Gauhati High Court which upheld the Assam Repealing Act, 2020 constitutionally valid.
Assam Repealing Act, 2020 has repealed the Assam Madrassa Education (Provincialization) Act, 1955 and the Assam Madrassa Education (Provincialization of Services of Employees and Re-Organisation of Madrassa Educational Institutions) Act, 2018.
Assam Repealing Act, 2020 converts the State funded Madrassa into general Law which was challenged before the High Court. The Bench of Chief Justice of Gauhati High Court Justice Sudhanshu Dhulia and Justice Soumitra Saikia passed the order.
The Petition was filed by 13 Petitioners who are managers or donor also known as mutawallis of land on which Madrassas was built.
The Petitioner contended that Assam Repealing Act, 2020 and further orders violates their Fundamental Right under Article 25, 26, 28 and 30 of Constitution of India.
The Madrassas teaches theological aspects of Quran, which if converted to high school under State Education Board violated Fundamental Rights of Petitioners and of Madrassas which is established by one community.
Petitioners contended that High Court has made an error of by observing Madrassas as Government schools wholly maintained by State which under Article 28 (1) of Constitution cannot be permitted to impart religious instructions.
The Madrassas by receiving a mere aid under the Act of 1955 under which salaries and emolument of employees are taken by the Government cannot disentitle the Madrassas under Article 30 of the Constitution to administer educational institution of their choice.
State of Assam cannot take away the Minority Status of Madrassas on the ground that aid is provided under Act of 1955 which provincialized services of employees of Madrassa.
Further contended that under Article 30 (1A) of Constitution Government is encroaching proprietary right of Petitioners without providing compensation.