Can unrecognised madarsas be stopped from operating? Here’s what the Allahabad High Court said

The petitioner’s counsel submitted in the court that the “consequence of non-recognition is provided in Regulation 13 of the Uttar Pradesh Non-Governmental Arabic and Persian Madarsa Recognition, Administration and Services Regulation, 2016, which provides that an unrecognized madarsa will not be entitled to receive any grant from the State”.

The counsel also submitted that the petitioner is not seeking any grant from the state but non recognition may not result in closure of the madarsa.

He also quoted before the bench a decision of the Supreme Court which classified minority educational institutions into three categories: (i) those which do not seek either aid or recognition from the State; (ii) those which want aid; and (iii) those which want only recognition but not aid. The first category of institutions is protected by Article 30(1), he said.

The counsel further submitted that the petitioner falls within category (i) as the petitioner is neither seeking either aid or recognition from the State and its functioning is protected by Article 30(1) of the Constitution of India.

The court, in its order dated January 16, stated, “Although the learned Additional Chief Standing Counsel has vehemently opposed the writ petition stating that running of an unrecognised 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 court added, “The impugned order dated 01.05.2025 passed by the District Minority Welfare Officer, Shrawasti directing closure of the petitioner madarsa is quashed. 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.”

“The seal put on the petitioner madarsa will be opened within 24 hours of production of a certified copy of this order,” the order read.