Guwahati: Gauhati High Court on Friday (February 5,2022) delivered a major order regarding the Assam Repeal Act, 2020. The HC decided to uphold this act as per the Assam Government’s decision that had to do with converting of government funded Madrassas into General Schools.
The Assam Repealing Act of 2020 was passed by the state assembly in the mentioned year for the very purpose of converting these institutes into General Schools. Gauhati HC decided to uphold the decision on the basis of Article 28(1) of the Indian Constitution.
The matter was heard by a division bench of Chief Justice Sudhanshu Dhulia and Justice Soumitra Saikia. The bench reasoned that the changes that have been introduced by the government are only for the provincialised Madrassas. These institutes are government schools and hence, it doesn’t apply to private or community ones.
While pronouncing the judgement on this matter, Gauhati HC also mentioned that it had dismissed a writ petition that challenged the validity of this Act. The petitioners were unhappy with the government’s decision to convert these provincialised Madrassas and hence, filed this petition to challenge the decision.
Gauhati High Court had concluded the hearing on January 27, 2022 itself, but did not pass the order then. The matter was deliberated upon by all parties and opportunities were given to reason their arguments. After the hearing concluded, the HC decided to reserve the judgement and hence, it was finally passed on February 4, 2022.
In the judgement, Gauhati HC has also referred to the services of teachers. It pointed out that the services of teachers in these government funded Madrassas have not ended. Rather, these teachers will be trained for teaching other subjects. Even the Assam government had assured of no changes in pay and allowances of all teaching and non-teaching staff of these Madrassas.