The court made this observation while hearing a petition over salary dispute filed by a madrasa teacher from Jaunpur.
“Let the central government and state government file their affidavits explaining how on government expense, or the funding provided by the government exchequer, religious education be imparted,” and whether it could be in violation of constitutional provisions, the court said in its March 27 order, asking them to file the affidavits within six weeks.
It said that the affidavits of the central government would be filed by the secretary, Ministry of Minority Affairs, while for the state government, the principal secretary, Department of Minority Welfare and Waqf, would file the affidavits.
“It is not in dispute that in madrasa, besides normal curriculum, religious education is also imparted,” the court observed.
In UP, there are 16,513 recognised madrasas out of which 560 receive grants from the government. The state is also implementing NCERT curriculum in the grant-aided/recognised madrasas in a phased manner.
The court said in the meantime, if the petitioner had been teaching in the madrasa, and the madrasa had been receiving government funds, he should be paid salary as per his appointment letter which was drawn in April 2016.
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