The has issued a final warning to the , mandating that the state comply with a to include a Mau-based madrasa in the list within one month. Justice Piyush Agrawal, presiding over a , warned that failure to fulfill this obligation by the next hearing on , would result in the formal framing of against the Principal Secretary of the .
The legal impasse stems from a petition filed by Madrasa Islamia Safinatul Hedaya in Meerpur Rahimabad, Mau, which had been seeking inclusion in the state's scheme since . The institution, recognized by the in , was among those eligible under the government’s policy to bring 146 madrasas under state support. Despite fulfilling requisite infrastructure and title requirements, the petitioner found its inclusion consistently blocked by shifting administrative policies and technical objections, leading to a series of legal interventions.
In its judgment, the had set aside an order rejecting the madrasa’s inclusion, effectively ruling that the state could not retract a policy decision based on limited financial resources or the pandemic-related freeze on new post creation. The Court directed the government to include the institution in the list effective . This decision was subsequently challenged by the state, but the ’s ruling was upheld through the dismissal of a special appeal in , and the subsequently declined to interfere with the lower court’s directive.
Persistent Administrative Obstruction
Following the judicial affirmation of the madrasa's entitlement, the state government failed to execute the mandate. The current , initiated by the institution, have highlighted a repeated pattern of . On multiple occasions, state officials pleaded for extensions, citing the need for Cabinet approval or external policy shifts. During the most recent proceedings, the court expressed profound frustration over the state's continued reliance on the necessity of Cabinet clearance to justify its failure to act on a .
Reviewing the history of the matter, Justice Agrawal noted that the state's justifications had grown increasingly repetitive without demonstrating any substantive effort toward compliance. The court remarked,
"The record further shows that on the last two occasions, similar plea has been taken but no material has been brought on record to show that any sincere effort has been made by the Contemnor for compliance of the order passed by this Court."
The government's attempts to circumvent the mandate included an move to revoke the madrasa’s recognition, claiming the original registration was based on forged documentation. However, the stayed these in , noting that the state’s sudden scrutiny of title documents—processed only after the dismissed the state’s appeal—appeared to be a tactical maneuver designed to frustrate the .
Judicial Ultimatum to the State Government
Throughout the ongoing contempt hearings, the court has consistently rejected the state's position that the absence of a current policy—or the requirement for ministerial approval—absolves the government of its legal obligations. The has emphasized that once a policy decision exists and is upheld by the judiciary, administrative authorities are bound by law to carry out the mandate, irrespective of the procedural hurdles the government chooses to impose on itself.
In the hearing, , representing the state, sought further accommodation, stating that the proposal was currently awaiting review by the . The Court, observing that this same excuse had been presented repeatedly since 2022 without progress, reached the threshold of drawing formal charges. The court’s decision to grant a final one-month window was prompted by the AAG's categorical assurance on behalf of the Principal Secretary present in court that the order would be executed.
Future Compliance and Accountability
The court’s decision places the onus squarely on the government to finalize the administrative process by mid-November. By adjourning the matter until , the court has effectively placed the Principal Secretary under a strict deadline. The order dictates that if the is not filed by that date, the court will proceed with the framing of charges, a development that signals the end of the state’s reliance on procedural delay.
For the applicant madrasa, the ruling reaffirms the principle that individual institutional rights, once recognized by a court of law, cannot be indefinitely deferred by departmental apathy. The case remains a focal point for understanding the limits of state discretion when faced with specific, enforceable . As the deadline approaches, the state must navigate its own administrative processes to align with the , effectively prioritizing the 's directive over the stalled internal cabinet discussions that have characterized the last five years of this dispute. The outcome on the next date of hearing will be pivotal in determining whether the state government remains in defiance or acts to rectify a long-standing procedural imbalance.
grant-in-aid scheme - contempt proceedings