The Uttar Pradesh Madrasa Education Council Act-2004 will be amended. Kamil (graduate) and Fazil (postgraduate) degrees will be excluded from the scope of this Act. For this, a proposal is being prepared at the government level.
In the recent decision of the Supreme Court, the constitutional validity of the Madrasa Education Council Act has been upheld. Before that, the Allahabad High Court had declared the Madrasa Act unconstitutional. The Supreme Court, overturning the decision of the Allahabad High Court, had said that all the provisions of the UP Madrasa Act do not violate the basic structure of the Constitution.
The Supreme Court in its order also said that madrasas giving Kamil and Fazil certificates after class XII cannot be recognized, because higher education is governed under the UGC Act. At the same time, the powers of the council have been stated in the Uttar Pradesh Madrasa Education Council Act-2004.
It states that the Madrasa Board will conduct examinations for Munshi, Maulvi, Alim, Kamil and Fazil courses. Uttar Pradesh Non-Government Arabic and Persian Madrasa Recognition, Administration and Service Regulations-2016 was prepared on the basis of this Act.
