Unrecognised Madrasa To Be De-Sealed, But No Grant Or Exam Rights Without Recognition: Allahabad High Court
The petitioner contended that the institution was not seeking any grant from the State, and therefore, its lack of recognition should not result in closure.
Justice Subhash Vidyarthi, Allahabad High Court, Lucknow Bench
The Allahabad High Court directed the authorities in Uttar Pradesh to de-seal an unrecognised madrasa, after the State failed to demonstrate any legal provision permitting the government to halt its functioning.
A Bench of Justice Subhash Vidyarthi clarified that while the madrasa could resume its operations, it would not be entitled to any government grants until it obtained formal recognition. The Court ordered, “The seal put on the petitioner madarsa will be opened within 24 hours of production of a certified copy of this order.”
The Court added, “However, it is clarified that the petitioner madarsa will not be entitled to claim any government grant till it is recognized and the Madarsa Education Board will not be obliged to permit the students of the petitioner madarsa in examination conducted by the Madarsa Board and the students will not be entitled to claim the benefit of their qualification acquired from the madarsa for any purposes relating to the State Government”
Advocate Sayyed Farooq Ahmad appeared for the petitioner, while Additional Chief Standing Counsel Devendra Mohan Shukla appeared for the Respondent.
The case arose when the petitioner, Madarsa Ahle Sunnat Imam Ahmad Raza, challenged an order passed by the District Minority Welfare Officer in May 2025, which directed the closure of the madrasa. The petitioner contended that the institution was not seeking any grant from the State, and therefore, its lack of recognition should not result in closure.
Counsel for the petitioner further submitted that the Supreme Court has categorised minority educational institutions into three groups: Institutions that do not seek aid or recognition from the State, Institutions that seek aid, and Institutions that seek only recognition but not aid.
He argued that the first category is protected under Article 30(1) of the Constitution, which safeguards the right of minorities to establish and administer educational institutions.
The State opposed the petition, arguing that the operation of an unrecognised madrasa could create administrative complications, particularly because its students would not be entitled to any benefits arising from qualifications obtained at the institution.
The Court noted, “Although the learned Additional Chief Standing Counsel has vehemently opposed the writ petition stating that running of an unrecognized madarsa may create unwarranted complications as the students of the madarsa will not be entitled to claim any benefit on the basis of qualification acquired from unrecognized madarsa, he could not dispute the fact that there is no provision in the regulation enabling the authorities to stop the functioning of a madarsa on the ground that it is not recognized.”
The High Court quashed the closure order issued by the District Minority Welfare Officer.
Cause Title: Madarsa Ahle Sunnat Imam Ahmad Raza v. State of UP & Ors., [2026:AHC-LKO:3478]
Appearance:
Petitioner: Advocates Sayyed Farooq Ahmad, Vinod Kumar Yadav
Respondents: Advocates Devendra Mohan Shukla, Afzal Ahmad Siddiqui
