Disclaimer: This has been reported after the availability of the order of the Court and not on media reports so as to give an accurate report to our readers.
Allahabad High Court: While considering a writ petition where the validity of an order passed by the District Minority Welfare Officer was challenged whereby the petitioner-Madarsa was directed to close operations as it was functioning without any recognition, a Single Judge Bench of Subhash Vidyarthi, J., held that there is no provision in the Uttar Pradesh Non-Governmental Arabic and Persian Madarsa Recognition, Administration and Services Regulation, 2016 (‘UP Madarsa Regulation’) enabling the authorities to stop the functioning of a Madarsa on the ground that it was not recognized.
The petitioner’s counsel contended that no grant was sought from the State, and non-recognition as per Regulation 13 of the UP Madarsa Regulation would not result in closure of the Madarsa. Per contra, the respondent opposed the same and stated that running of an unrecognized Madarsa could create unwarranted complications as the students of the Madarsa would not be entitled to claim any benefit on the basis of qualification acquired from unrecognized Madarsa.
The Court noted that the respondent could not dispute the fact that there was no provision in the regulation enabling the authorities to stop the functioning of a Madarsa on the ground that it was not recognized. Thus, the Court allowed the petition at hand and quashed the order passed by the District Minority Welfare Officer.
The Court further clarified that the Madarsa would not be entitled to claim any government grant till it was recognized and the Madarsa Education Board would not be obliged to permit the students of the 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.
Further, the Court directed for the opening of seal put on the Madarsa within 24 hours.
[Madarsa Ahle Sunnat Imam Ahmad Raza v. State of UP, WRIT C No. 307 of 2026, decided on 16-1-2026]
Advocates who appeared in this case:
For the Petitioner: Sayyed Farooq Ahmad and Vinod Kumar Yadav, Advocates
For the Respondent: C.S.C., Afzal Ahmad Siddiqui, Advocate