Allahabad HC Asks Centre & UP Govt To Explain How Religious Education Can Be Imparted At State’s Expense
The Allahabad High Court, Lucknow Bench has directed the Central Government and State Government to explain as to how religious education can be imparted at the expense of the State.
A Single Bench of Justice Dinesh Kumar Singh said, “Let the Central Government and State Government file their affidavits explaining that how on Government expense or the funding provided by the Government Exchequer religious education be imparted and whether this could be in violation of Articles 14, 25, 26, 29 and 30 of the Constitution of India.”
The Bench has listed the case after six weeks and asked the Centre and State to respond within the said period.
Advocate Adil Hussain appeared for the petitioner while Advocate R.C. Tiwari and Standing Counsel Sandeep Sharma appeared for the respondents.
In this case, a plea was filed by a Madarsa teacher named Azaj Ahamad which was in relation to his payment of salary. The petitioner was teaching in Madarsa Samdaniya Islamia, Shudnipur, Jaunpur District.
The Court in view of the above asserted, “It is not in dispute that in Madarsa besides normal curriculum, the religious education is also imparted.”
The Court observed that the affidavits of the Central Government from the Secretary, Ministry of Minority Affairs, Government of India, and State Government from the Principal Secretary, Department of Minority Welfare and Waqf, Government of Uttar Pradesh should be filed answering the petition within a period of six weeks.
“In the meantime, if the petitioner has been teaching in Madarsa Samdaniya Islamia, Shudnipur, District-Jaunpur and the said Madarsa has received funds from the Government(s), the petitioner should be paid salary as per his appointment letter dated 06.04.2016”, directed the Court.
Accordingly, the Court posted the matter for the next hearing.
Cause Title- Azaj Ahamad v. U.O.I. Ministry of Affairs Thru. Secy. and 4 Others