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News Topical, Digital Desk : The Supreme Court has issued a notice to the Central and Uttar Pradesh governments and sought their response on a petition seeking holding of examinations and degrees for students pursuing Kamil (undergraduate) and Fazil (postgraduate) studies in madrasas in Uttar Pradesh. The Supreme Court has issued this notice on a petition filed by the Teachers Association Madaris Arabia. The petition of the Teachers Association Madaris Arabia has demanded that the Supreme Court should direct the state government to authorize Khwaja Moinuddin Chishti Language University Lucknow to conduct examinations and award degrees to students studying Kamil and Fazil in recognized madrasas of Uttar Pradesh.
The bench of Chief Justice BR Gavai heard the matter
It has also been demanded that Khwaja Moinuddin Chishti Language University Lucknow be directed to conduct Kamil and Fazil examinations, declare results and award degrees as per Section 22 of the UGC Act. These notices were given by a bench of Chief Justice BR Gavai, Augustine George Masih and AS Chandurkar on May 30 after hearing the petition of Teachers Association Madaris Arabia UP.
Along with issuing notice on the petition, the court has also ordered to attach this petition with the already pending petition on the same issue for hearing. In the petition, the Supreme Court's decision given last year in the Anjum Qadri case has been cited in which the court had validated the UP Board of Madrasa Education Act and said that it regulates madrasa education, but in that decision the Supreme Court had said that madrasas do not have the right to give Kamil and Fazil degrees.
The question of the future of 50000 students
- The court had declared the Kamil Fazil degree of madrasas unconstitutional, considering it a violation of the UGC Act. The petitioner says that based on the decision of Anjum Qadri, the Registrar of the Madrasa Education Board has sent a letter to all the District Minority Welfare Officers of Uttar Pradesh on 16 January 2025, saying that no madrasa in the entire state has the right to teach Kamil and Fazil courses and the Madrasa Education Board does not have the right to give Kamil and Fazil degrees.
- The petition states that currently 50,000 students are pursuing Kamil and Fazil education in the entire state and some students are pursuing Alim (senior secondary) education. This correspondence has created a state of uncertainty for all of them. They are in limbo and their future is in question and this violates their fundamental rights under Articles 14, 19(1)(g), 21, 28 and 30 of the Constitution.
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