Allahabad: A madrasa can operate without gaining official recognition in Uttar Pradesh, the Allahabad High Court observed on Friday, January 16, quashing the order passed by the District Minority Welfare Officer seeking the closure of a madrasa in Shravasti district.
The Allahabad High Court subsequently ordered Uttar Pradesh authorities to unseal the unrecognised madrasa, Ahle Sunnat Imam Ahmad Raza, after the state failed to cite any law allowing the government to shut it down.
The madrasa had challenged the order passed by the Minority Welfare Officer of Shrawast in May 2025, stating that since it was not seeking or receiving any provisions from the state, non-recognition cannot lead to it being shut down.
Arguing for the petitioner, advocate Sayyed Farooq Ahmed said that the Supreme Court’s classifies minority education institutions into three categories – those which do not seek either aid or recognition from the state, those that want aid, and those that want only recognition but not aid – putting the given madrasa under protection of Article 30(1) as it falls in the first category.
Article 30(1) of the Indian Constitution guarantees that all minorities, whether based on religion or language, have the right to establish and administer educational institutions of their choice.
The state counsel, however, counter-argued, saying that unrecognised madrasas can result in complications, since unrecognition would mean enrolled students would not be allowed to claim any benefits or qualifications from the unrecognised madrasa.
This argument, the court held, with Justice Subhash Vidyarthi clarifying that such madrasas will not be permitted to receive government grants until they get formal recognition. Moreover, the Madrasa Education Board is not required to allow its students to appear for its examinations since the students will not be acquiring the benefit of a qualification from the said madrasa, the High Court added.
“The seal put on the petitioner madarsa will be opened within 24 hours of production of a certified copy of this order,” the High Court said.
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