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Appeal in SC against the conversion of State-funded madrassas into government schools

Shubhi Rathore | Edited By Prabhat Bandhulya

The appeal was against the order of the Gauhati HC, that sustained the Assam Repealing Act 2020, which has converted the State funded madrassas into regular government schools.The petitioner contends that, the repealing Act deprives the petitioner madrassas of the right to continue to impart religious instructions and education and also takes away the proprietary right of the petitioner without providing any adequate compensation to the petitioner madrassas.

Moreover, the Act also invades their fundamental rights given under Article 14, 21, 25, 26, 29 and 30 of the Indian Constitution.

The High Court of Gauhati had held that, religious instructions cannot be imparted in an institution which was established by the religious minority but eventually starts being wholly maintained by the State out of its funds. Furthermore, the teaching staff and non-teaching staff all are government servants then how can the madrassas be run by the minority institutions.

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