Allahabad HC: Unregistered madrasas cannot be shut without due process

Allahabad HC: Unregistered madrasas cannot be shut without due process

The Allahabad High Court’s Lucknow bench has ruled that educational institutions, including madrasas, cannot be forcibly closed solely for operating without government recognition, reinforcing constitutional protections for minority-run institutions, Urdu daily Inquilab reported.

The court set aside a district administration order dated March 23 that directed the closure of Madrasa Sanat Imam Ahmad Raza in Kasim, citing the absence of official recognition and approval for examinations. Authorities had also barred students from appearing in board exams.

In its judgment, the court said the administration failed to show any legal provision allowing the closure of an educational institution merely because it lacked recognition. It clarified that government permission is not mandatory to establish or run an educational institution and that recognition and closure are separate legal issues.

The bench observed that until a formal decision is taken on an institution’s application for recognition, authorities cannot suspend its academic activities or seal the premises. It also noted that the madrasa had submitted the required documents on April 27, but officials did not process them.

Citing Article 30(1) of the Constitution, the court reaffirmed that minority communities have the fundamental right to establish and administer educational institutions of their choice, free from excessive state interference. It added that regulatory rules, including those framed in 2016, do not empower officials to shut down unrecognised institutions arbitrarily.

The court ordered that teaching activities and examinations must not be obstructed and allowed the petition filed by the madrasa’s management.

Minority education groups welcomed the ruling, calling it a safeguard against administrative overreach. Counsel for the madrasa argued that the issue had already been settled by Supreme Court precedents, which the High Court relied upon in its decision.

The judgment is expected to have implications for other unrecognised madrasas and minority-run institutions across the state.


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