Supreme Court seeks Centre, UP response on plea to grant Fazil, Kamil degrees to Madarsa students

The Supreme Court recently sought responses from the Central and Uttar Pradesh governments on a plea seeking authorization for Khwaja Moinuddin Chishti Language University, Lucknow to conduct exams and grant degrees to students for 'Kamil' (Graduation) and 'Fazil' (Post-Graduation) courses pursued through recognized Madarsas across Uttar Pradesh[Teachers Association Madaris Arabia, U.P.& Anr. v. Union of India & Ors.]..A Bench comprising Chief Justice of India (CJI) BR Gavai, Justice AG Masih, and Justice AS Chandurkar issued notice to respondents and tagged the case with a similar pending petition titled Mohd Laman Raza & Others v. Union of India & Others."Issue notice. Dasti service, in addition, is permitted. In addition to the usual mode, liberty is granted to the petitioner(s) to serve notice through the Central Agency/Standing Counsel for the respondent(s).Tag with W.P.(C) No. 128/2025," Court ordered..The Court was hearing a plea by Teachers Association Madaris Arabia and Haji Diwan Saheb Zama, contending that approximately 50,000 students pursuing these traditional Islamic higher education degrees currently face academic limbo. The petitioners approached the Supreme Court seeking urgent intervention in light of a legal vacuum created after the Anjum Kadari v. Union of India & Ors. judgment of the top court which declared that the UP Madarsa Education Board could not legally confer higher education degrees—specifically Fazil (postgraduate) and Kamil (graduate)—as it lacked the authority under the University Grants Commission Act, 1956.This judgment, while upholding the constitutional validity of the Madarsa Education Act for lower-level education, had held that regulation and awarding of higher education degrees like Fazil and Kamil falls exclusively under the domain of the UGC and universities recognized under Section 22 of the UGC Act.In the aftermath, the Madarsa Board issued a letter on January 16, 2025 effectively halting the operation of these courses across the State thereby, affecting nearly 50,000 students, prompting the Association to approach Supreme Court."For that presently 50,000 students are already pursuing such higher degree courses as well as some are students pursuing studies in 'Alim' (Senior Secondary) course and, the aforesaid correspondence will lead to a precarious situation where such students will be displaced without any recourse whatsoever and furthermore, will lead to violation of their fundamental rights enjoined under Article 14, 19(1)(g), 21, 28 and 30 of the Constitution of India," it was contended..In 2014, the UGC formally recognized Fazil and Kamil as valid academic degrees provided they are conferred by a recognized university. Drawing from this, the petition has proposed a practical solution - authorising Khwaja Moinuddin Chisti Language University, which is already established under state legislation, to take over the role of examining and granting Fazil and Kamil degrees. Despite several communications between the Madarsa Education Board, the State Government and the University since 2021—including a 3-member expert committee formed by the University in November 2021 to study the matter—no final action has been taken. The University’s Executive Council had resolved in February 2022 to begin framing regulations for these courses but in the absence of state authorization, it cannot act independently under the UGC Act, the petitioner contended..According to the petitioner, such inaction amounts to arbitrariness under Article 14 of the Constitution and violates the rights of students who are caught in the legal vacuum with no valid degrees despite having undertaken multi-year academic programs.Further, the failure to recognize or regularize these courses undermines the rights of religious minorities to administer and access educational institutions of their choice, protected under Article 30, the petitioner said..Accordingly, the petitioners have sought Supreme Court direction to direct Uttar Pradesh Government to act immediately in authorizing Khwaja Moinuddin Chisti Language University to conduct examinations, declare results and confer Fazil and Kamil degrees to students studying in recognized Madarsas..Advocate Rohit Amit Sthalekar appeared for the petitioners..[Read Order]