The Allahabad High Court has issued a stay on the Economic Offences Wing (EOW) inquiry into over 500 government-aided madrassas in Uttar Pradesh, intervening after petitions challenged the inquiry’s scope and procedural integrity. This move comes amid heightened scrutiny of madrassa administration and funding under the current state government’s drive for greater accountability in minority educational institutions.
The EOW investigation was the result of directives by the National Human Rights Commission (NHRC) following allegations of illegal recruitments, forged appointments, and misuse of grant funds in a large number of madrassas, especially during the Covid-19 period. Specifically, the NHRC had directed a criminal and financial probe into 558 government-aided madrassas, focusing on the alleged irregular appointment of 308 teachers and the possible fraudulent use of madrassa and mosque land grants. Several madrassas are alleged to have listed employees who never actually worked in teaching roles, or whose appointments were made on the basis of forged documents. Irregularities related to land grants for madrassas and mosques have also emerged during the probe.
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The state assigned the case to the EOW, seeking to expose corruption and ensure transparency in public funding.
In response to writ petitions filed by associations of madrassas managers and teachers, a bench of Justice Saral Srivastava and Justice Amitabh Kumar Rai granted interim relief by putting a stay on the EOW’s ongoing inquiry. The HC found that the petitions raised serious questions over procedural lapses, possible overreach by investigative agencies, and the implementation of NHRC’s orders.
The government and NHRC have now been asked to respond within four weeks, and the case is listed for further hearing on November 17, 2025. Until then, no action can be taken against the madrassas under investigation.
Larger impact on madrassas in Uttar Pradesh
This judicial intervention provides temporary protection to hundreds of madrassas facing administrative and legal uncertainty, allowing them to continue operating and receiving grants without threat of immediate punitive action or criminal proceedings. It also represents a pushback against what madrassa representatives allege is political targeting of minority institutions in the name of accountability. The outcome of this case will influence the larger framework of madrassa regulation in the state. The state government has increasingly sought to scrutinise, regulate, or even shut down madarsas deemed “illegal” or “non-compliant”.
The state has adopted an aggressive attitude towards madrassa education, including attempts to shift non-Muslim students from madrassas to government schools, court battles over the constitutional validity of madrassa-focused laws, and a series of high-profile investigations into “ghost” madrassas allegedly siphoning government funds. Earlier this year, the Uttar Pradesh government ordered the separation of non-Muslim students from aided and recognised madrassas and attempted to shut down many unrecognised madrassas, drawing protests over minority rights and accusations of administrative overreach.
The Supreme Court has also intervened in related cases, staying lower court judgments that declared Uttar Pradesh Madrasa Education Board Act, 2004, unconstitutional and that directed the closure or repurposing of thousands of madrassas.
As the matter evolves it will impact Uttar Pradesh’s education system and the status of madrassas in the face of ongoing government scrutiny and social debate.
