JUDGMENT :

Sudhanshu Dhulia, J.

This writ petition throws a challenge to the legislative as well as executive decisions of the State of Assam, which have been taken in the recent past. By these recent legislative and executive decisions, religious instructions, which were so far being imparted in the “provincialised Madrasas” of the State, have come to an end. Petitioners’ case is that this action of the State Government amounts to an invasion of their fundamental rights given to them under Articles 25 and 26 as well as under Articles 29 and 30 of the Constitution of India. It has further been argued that this is also violative of Articles 14 and 21 of the Constitution of India.

2. Before we deal with this question, a brief history of secondary and higher secondary education in Assam would be in order.

3. Prior to the introduction of modern education in Assam, school level education was largely a community driven effort. “Maktabs” and “Madrasas” were opened in various places in Assam by members of Muslim community to give the kind of education to children, the community thought w