Lucknow: The Uttar Pradesh Cabinet has approved an amendment to the Uttar Pradesh Board of Madarsa Education Act, 2004, removing the Madarsa Education Board’s authority to regulate or award higher education qualifications equivalent to undergraduate and postgraduate degrees. The decision, taken during a Cabinet meeting chaired by Chief Minister Yogi Adityanath ahead of the second day of the state Assembly’s Monsoon Session, aligns the state’s legal framework with a landmark Supreme Court judgment delivered in November 2024.
Under the revised provisions, the Madarsa Education Board will continue to supervise and regulate education up to the Class 12-equivalent level. Courses such as Munshi, Maulvi and Alim will remain under the Board’s jurisdiction. However, Kamil and Fazil, which are recognised as higher education courses, will no longer be administered by the Board.
The amendment follows the Supreme Court’s ruling that upheld the constitutional validity of the Uttar Pradesh Board of Madarsa Education Act, 2004, while declaring unconstitutional the provisions allowing the Madarsa Board to regulate higher education courses such as Kamil and Fazil. The apex court held that higher education programmes must fall within the broader framework of the state’s higher education system.
Minister of State for Minority Welfare Danish Azad Ansari said the changes were necessitated by the Supreme Court’s judgment. According to him, the government has now approved the required amendments to ensure compliance with the court’s directions.
Government officials said the state is currently working on a new regulatory mechanism for Kamil and Fazil courses. Among the institutions being considered to oversee these programmes is Khwaja Moinuddin Chishti Language University in Lucknow, which could become part of the revised higher education framework.
Officials also revealed that fresh admissions to Kamil and Fazil courses have remained suspended since the Supreme Court’s 2024 verdict, pending the introduction of a new regulatory structure.
The Supreme Court’s November 2024 judgment came while hearing appeals against the Allahabad High Court’s March 2024 decision, which had struck down the UP Board of Madarsa Education Act in its entirety. While reversing the High Court’s ruling and restoring the validity of the Act, the apex court specifically excluded Kamil and Fazil from the Madarsa Board’s jurisdiction, stating that higher education cannot be regulated by the Board.
With the Cabinet’s approval, the Uttar Pradesh government will now formally remove these courses from the Madarsa Education Board’s ambit and establish a separate system to regulate them under the state’s higher education framework.
