The Allahabad High Court has set aside an order directing the closure of an unrecognised madarsa in Uttar Pradesh, holding that lack of recognition by itself is not a legal ground to stop its functioning. The court made it clear that while such institutions cannot claim government benefits, their operation is protected under the Constitution if they do not seek state aid or recognition
Background of the Case
The case was filed by C/M Madarsa Ahle Sunnat Imam Ahmad Raza, through its manager Abdul Rahman. The madarsa challenged an order dated 1 May 2025 issued by the District Minority Welfare Officer, Shrawasti.
The order had directed the madarsa to shut down on the ground that it was running without recognition from the Uttar Pradesh Board of Madarsa Education. Acting on the order, the authorities had also sealed the premises.
During the hearing, counsel for the madarsa argued that the institution was not seeking any government grant or financial assistance. Therefore, according to them, non-recognition could not automatically lead to closure.
Arguments Before the Court
Appearing for the petitioner, Advocate Sayyed Farooq Ahmad pointed out Regulation 13 of the Uttar Pradesh Non-Governmental Arabic and Persian Madarsa Recognition, Administration and Services Regulation, 2016. He submitted that the regulation only denies government grants to unrecognised madarsas.
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“There is no provision in the law that allows the authorities to close a madarsa merely because it is unrecognised,” the petitioner’s side argued before the court.
The counsel also relied on a recent Supreme Court judgment in Anjum Kadari v. Union of India (2025). In that case, the top court had reiterated the earlier constitutional position laid down in In re: Kerala Education Bill, 1957. Minority educational institutions, the Supreme Court had explained, fall into three categories. Institutions that neither seek aid nor recognition from the state fall under the first category and enjoy protection under Article 30(1) of the Constitution.
Stand of the State
The State of Uttar Pradesh, represented by the Additional Chief Standing Counsel, opposed the plea. The state argued that running an unrecognised madarsa could create problems for students, as they would not be able to claim any official benefit or recognition for the qualifications obtained there.
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However, during the hearing, the state counsel conceded an important point. He could not show any rule or regulation that empowers authorities to shut down a madarsa solely because it is unrecognised.
The state also informed the court that a show cause notice had been issued to the madarsa on 26 August 2025, but no reply was submitted.
Court’s Observations
Justice Subhash Vidyarthi examined the legal position closely. The court noted that Regulation 13 only limits financial assistance and does not authorise closure of an institution.
“The consequence of non-recognition is clearly provided in the regulations,” the court observed, adding that the law does not permit sealing or closure on this ground alone.
Referring to constitutional protections, the court accepted the argument that the petitioner madarsa fell in the category of minority institutions that neither seek aid nor recognition. Such institutions, the judge noted, are protected under Article 30(1) of the Constitution.
Decision
Allowing the writ petition, the Allahabad High Court quashed the closure order dated 1 May 2025. The court directed that the seal placed on the madarsa premises be removed within 24 hours of producing a certified copy of the order.
At the same time, the court clarified the limits of this protection. It ruled that the madarsa will not be entitled to any government grant until it obtains recognition. The Madarsa Education Board will also not be required to allow its students to appear in board examinations. Further, students cannot claim any state-related benefit on the basis of qualifications obtained from the unrecognised madarsa.
With these directions, the matter was disposed of.
Case Title: C/M Madarsa Ahle Sunnat Imam Ahmad Raza Through Manager Abdul Rahman v. State of Uttar Pradesh & Others
Case Number: Writ – C No. 307 of 2026
Date of Decision: 16 January 2026
Counsel:
- For Petitioner: Sayyed Farooq Ahmad, Vinod Kumar Yadav
- For State: Devendra Mohan Shukla, Additional Chief Standing Counsel
