Waquar Hasan | Clarion India
NEW DELHI — The fate of tens of thousands of madrasa students pursuing ‘Kamil’ and ‘Fazil’ courses hangs in balance after the Supreme Court recently struck down higher degrees of the Uttar Pradesh Madrasa Board.
While upholding the Uttar Pradesh Board of Madrasa Education Act, 2004, a bench led by now-retired Chief Justice of India DY Chandrachud observed that Kamil and Fazil degrees — equivalent to graduation and post-graduation — awarded by the Uttar Pradesh Madrasa Board were unconstitutional, noting that they conflicted with the University Grants Commission (UGC) Act.
Because of this verdict, students who were pursuing the ‘Kamil’ and ‘Fazil’ degrees will not be able to get their degrees and won’t be eligible for jobs based on their degrees.
Zaman Khan, General Secretary of the Teachers Association Madaris Arabia Uttar Pradesh (TASMAUP), said that around 37,000 students, who are in the final year of Fazil and the second year of Kamil, will not be able to write exams.
“The board will not conduct their exams. The verdict will leave its impact on this. Apart from that, the Fazil and Kamil degrees are a qualification for jobs in madrasas. Now, jobs will not be offered on the basis of these degrees,” Khan told Clarion India over the phone.
Apart from the enrolled 37,000 students, there are also students in the first year of these courses. They have not filled up exam forms. Therefore, their number is not known. “Some institutions such as Aligarh Muslim Universities (AMU), Jamia Millia Islamia and BHU used to recognise these degrees at their level. Now, they will stop giving admission to madrasa students based on these degrees. The judgment has left a big impact on the students,” said Khan, a petitioner in the case before the apex court.
Uttar Pradesh has about 25,000 madrasas — 16,500 recognised by the State Madrasa Board and 8,500 unrecognised. A total of 560 of them receive grants from the state government.
The Madrasa Board had earlier given a proposal to the government to accommodate the students of its Kamil and Fazil courses in the Lucknow-based Khwaja Moinuddin Chishti Urdu-Arabic-Persian University but no decision has been taken on it yet.
According to PTI, UP Minority Welfare Minister Om Prakash Rajbhar said the government will definitely find a way out by studying the SC order and discussing its various legal aspects.
In its petition to the court, the teachers association had appealed that a university be formed for the madrasa students the way a Sanskrit University was established.
There was also a proposal to affiliate the madrasa education with any university. When the Khwaja Moinuddin Chishti Urdu-Arabic-Persian University was established, there was a demand to affiliate the madrasa degrees to this university. The university is also ready to accept it and has sent a proposal in this regard. But no action was taken on it.
“We were thinking that the Supreme Court will say something on this. But the court did not pay attention to this issue. Now, this issue arises,” said Khan.
The teachers association is planning to move the court again to resolve this issue if it is not dealt with by the government. It will first send its memorandum to the government and then will move the court if needed.
