UP Cabinet Approves Amendment to Remove Higher Education Degrees From Madarsa Board Purview
The Uttar Pradesh Cabinet has approved a proposal to amend the UP Board of Madarsa Education Act, 2004. Under the proposed amendment, the Madarsa Education Board will no longer have the authority to regulate or award higher education qualifications equivalent to undergraduate and postgraduate degrees.
The decision was made during a Cabinet meeting chaired by Chief Minister Yogi Adityanath, held before the second day of the state Assembly’s Monsoon session convened. The move is intended to align state legislation with a landmark ruling by the Supreme Court of India.
Alignment with Supreme Court Ruling
According to state officials, the amendment was introduced to bring the state's legal framework into compliance with the Supreme Court’s November 2024 judgment. While the apex court upheld the constitutional validity of the UP Board of Madarsa Education Act, 2004, it ruled that the provisions enabling the board to govern higher education courses, specifically "Kamil and Fazil," were unconstitutional.
Minister of State for Minority Welfare Danish Azad Ansari confirmed that the legislative changes were directly necessitated by the Supreme Court's decision. Ansari stated that the apex court made it clear that Kamil and Fazil, as higher education courses, cannot remain under the jurisdiction of the Madarsa Board, and the approved amendments reflect this directive.
Restructuring of Madarsa Curriculum
Under the newly approved framework, the UP Board of Madarsa Education will continue to oversee and regulate education up to the Class 12-equivalent level. This includes traditional courses such as "Munshi, Maulvi, and Alim."
In contrast, the higher education courses of Kamil and Fazil will be completely removed from the Madarsa Board's purview. These programs must now be integrated into a regulatory framework governed by the state's higher education system.
Future Governance and Admissions
The Uttar Pradesh government is currently developing the administrative mechanism through which the Kamil and Fazil courses will be managed in the future. Officials indicated that Khwaja Moinuddin Chishti Language University in Lucknow is among the higher education institutions being considered to oversee these programs.
Due to the regulatory transition following the November 2024 Supreme Court judgment, fresh admissions to both Kamil and Fazil courses have remained suspended across the state pending the finalization of the new governance structure.
Legal Background
The Supreme Court's November 2024 ruling arose from appeals challenging a March 2024 judgment by the Allahabad High Court, which had struck down the UP Board of Madarsa Education Act, 2004, in its entirety.
The Supreme Court subsequently reversed the High Court's decision, restoring the validity of the Act but carving out the exception for higher education degrees. The state Cabinet's approval of the amendment now paves the way for the formal separation of higher education degrees from the Madarsa Board's jurisdiction.
