Concerning a complaint against madrasas becoming government schools, the SC has sent Assam a notice

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• Nov 2, 2022 | Sourav Boruah

 Digital Desk: On a plea challenging the Gauhati high court's judgement to
uphold the Assam government's decision to convert existing madrasas into
government schools, the Supreme Court on Tuesday served notice to the Assam
government.

13 petitioners who opposed the Assam Repealing Act of 2020, which
repealed the Assam Madrasa Education Provincialization Act of 1995 and the
Assam Madrasa Education (Provincialisation of Services of Employees and
Reorganization of Madrasa Educational Institutions) Act 2008, challenged the
high court's decision from February 4.

The Assam government,
the Assam education department, the Board of Secondary Education, and the Assam
assembly secretary were given notice on Tuesday by a bench of justices
consisting of Ajay Rastogi and CT Ravikumar.

The petitions argued
that the high court's ruling disregarded the fact that madrasas that teach
Islam were founded and run by communities of color and are therefore protected
by the Constitution.

The HC ruled that the madrasas were government-funded and
that all of the teaching and non-teaching staff members were employed by the
government. The high court ruled that these institutions would be subject to
Article 28(1) of the Constitution, which forbids the teaching of religion in
educational institutions that are entirely supported by public money.