The Lucknow bench of the Allahabad High Court on Thursday set aside the notices issued to several madrassas in Shrawasti district directing their closure, observing that the state had acted without granting the institutions a fair opportunity to present their case.
Justice Pankaj Bhatia, while disposing of petitions filed by Madarsa Moinul Islam Qasmiya Samiti and other institutions, noted that the state authorities had issued identical notices—bearing the same number—without proper application of mind. The court emphasized that such action, taken without hearing the madrassas, amounted to a denial of natural justice.
The petitioners argued that no prior notice or opportunity was given before the drastic step of ordering closure, terming the state’s move “illegal and mala fide.” They highlighted that the uniformity of notices further demonstrated arbitrariness in the decision-making process.
The state, however, defended its action, citing the Uttar Pradesh Non-Governmental Arabic and Persian Madarsa Recognition, Administration and Services Regulations, 2016, and contended that the move was in accordance with law.
The bench, which had earlier stayed the operation of the closure notices on June 5, found the notices defective and unsustainable. While setting them aside, it granted liberty to the state to issue fresh orders in compliance with due process of law.
The judgment offers temporary relief to the madrassas but keeps the door open for the state to initiate fresh proceedings, provided proper notice and opportunity of hearing are granted.
