Hon’ble Vivek Chaudhary, J.

Hon’ble Subhash Vidyarthi, J.

(A) Reference Order And Introductory Facts (Paragraphs 1 to 9)

(B) Submissions Of Parties (Paragraphs 10 to 25)

(C) Preliminary Objection (Paragraphs 26 to 46)

(D) History Of Madarsas In State Of U.P. And Relevant

Provisions Of Madarsa Act And Regulations (Paragraphs 47 to

52)

(E) Grounds Of Challenge:

(I) Violative Of Secularism Article 14 (Paragraphs 53 to 71)

(II) Violative Of Articles 21 And 21-A (Paragraphs 72 to 84)

(III) Conflict Of Madarsa Act And U.G.C. Act (Paragraphs 85-98)

(F) Conclusion (Paragraph 99)

(A) REFERENCE ORDER AND INTRODUCTORY FACTS

1. A Single Judge Bench hearing Writ A No. 29324 of 2019 (Mohammed

Javed versus State of U.P. and others), passed the following order on

23.10.2019: -

“1. Heard learned counsel for petitioner.

2. Sri Alok Sharma, learned Additional Chief Standing

Counsel has accepted notices on behalf of opposite party

no.1 and 3, Sri Afzal Siddiqui, learned counsel has accepted

notices on behalf of opposite party no.2.

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3. Issue notice to opposite party no.4 returnable at an early

date.

4. Petitioner has filed present writ petition claiming that he

was appointed as part-time assistant teacher in the year

2011 for the primary Section of respondent no.4 Madrasa

Nisarul Uloom Shahzadpur, Akbarpur Post Office, District

Ambedkar Nagar on a fix salary of Rs.4,000/- per month,

subject to 8% annual increment. He prays that no regular

appointment should be made by respondent no.1 to 3 i.e. the

State Government, the Madarsa Shiksha Parishad and

District Minority Welfare Officer and his service should be

regularized. Further prayer is that he should be paid salary

as is being paid to the regular teachers.

5. Petitioner places reliance upon the provisions of U.P.

Board of Madarsa Education Act, 2004 (Madarsa Act,

2004) and the regulations framed thereunder. At the time of

hearing, perusal of the Madarsa Act, 2004, Section 2(h)

defines:-

“Section 2(h):-Madarsa-Education” means education in

Arbic Urdu, Parsian, Islamic-studies, Tibb Logic,

Philosophy and includes such other branches of learning as

may be specified by the Board from time to time.”

6. For the purposes of Madarsa education, a Board is

constituted under Section 3 of the Madarsa Act, 2004 which

reads :-

“Section 3(3) The Board shall consist of the following

members, namely:

(a) a renowned Muslim educationist in the field of

traditional Madarsa-Education, nominated by the State

Government who shall be the Chairperson of the Board;

(b) the Director, who shall be the Vice-Chairperson of the

Board;

(c) the Principal, Government Oriental College, Rampur;

(d) one Sunni-Muslim Legislator to be elected by both

houses of the State Legislature;

(e) one Shia-Muslim Legislator to be elected by both houses

of the State Legislature;

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(f) one representative of National Council for Educational

Research and Training;

(g) two head of institution established and administered by

Sunni-Muslim nominated by the State Government;

(h) one head of institution established and administered by

Shia-Muslim nominated by the State Government;

(i) two teachers of institutions established and administered

by Sunni-Muslim nominated by the State Government;

(j) one teacher of an institution established and

administered by Shia-Muslim nominated by the State

Government;

(k) one Science or Tibb teacher of an institution nominated

by the State Government;

(l) the Account and Finance Officer in the Directorate of

minority Welfare, Uttar Pradesh;

(m) the Inspector;

(n) an officer not below the rank of Deputy Director

nominated by the State Government, who shall be the

member Registrar;

7. From perusal of the same, following questions arise for

consideration:-

(i) Since the Madarsa Board is constituted for education in

‘Arbic, Urdu, Parsian, Islamic-studies, Tibb Logic,

Philosophy and includes such other branches of learning as

may be specified by the Board from time