MADARSA EDUCATION ACT, 2004 (Syllabus: GS Paper 2 – Governance)

News-CRUX-10     23rd March 2024        

Context: The Allahabad High Court recently declared the Uttar Pradesh Board of Madarsa Education Act, 2004, as 'unconstitutional' and directed the state government to accommodate students studying in Madarsas in other schools.

Uttar Pradesh Board of Madarsa Education Act, 2004

  • About: Madrasas operate under the state minority welfare ministry, raising concerns about the potential arbitrariness of this arrangement compared to other minority education institutions.
  • Forced: On September 3, 2004
  • Contrast with Education Ministry: This setup contrasts with other minority education institutions, such as those for Jains, Sikhs, Christians, etc., which fall under the education ministry, prompting questions about fairness and consistency.
  • Board Structure: The Board overseeing madrasas is designated as a body corporate with specific membership criteria, outlining representation from various educational and legislative bodies.:
  • Tenure: 3 Years
  • Removal: The State Government holds the authority to remove board members for misconduct, ensuring accountability within the governing structure. 
  • UGC Act: The Madrasa Act is deemed to violate Section 22 of the University Grants Commission Act, 1956, adding legal complexity to its implementation and legitimacy.

Power of the Board

  • General Authority: The Board is endowed with all necessary powers, as stipulated by the Act and its accompanying regulations, to fulfill its obligations and duties.
  • Cancellation and Withholding: The authority to annul an examination or withhold a candidate's result for various infractions such as using unfair means, providing incorrect information, committing fraud, or displaying gross indiscipline.
  • Result Adjustment: The ability to nullify exam results due to specific transgressions or genuine errors made by the Board in result declaration.
  • Recognition Determination: The discretion to deny recognition to institutions that fail to meet the prescribed standards for staff, instruction, equipment, or infrastructure.

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