NEW DELHI: The Supreme Court on Monday in its interim order stayed the implementation of an order made by the Uttar Pradesh (UP) and Tripura governments to shift all students in unrecognised madrasas and non-Muslim students studying in government-aided madrasas to government schools.
A three-judge bench of the top court, led by Chief Justice D Y Chandrachud, Justices JB Pardiwala and Manoj Misra, in its interim order, stayed the operation of the communications issued by child rights body NCPCR urging states to shift students of unrecognised madrassas to government schools.
The order came after the court heard submissions from senior lawyer, Indira Jaising, for the Muslim organisation, Jamiat Ulema-i-Hind, which pleaded the stay of the communications of the National Commission for Protection of Child Rights (NCPCR) and consequential actions of UP and Tripura governments.
The NCPCR had decided to do this through its letter after finding that the Madrassas had not complied with the RTE Act.
On June 07, 2024, the NCPCR wrote to the State of Uttar Pradesh directing the withdrawal of recognition of Madrassas which did not complying with the RTE (Right to Education) Act. Following this, the UP government acted accordingly and passed the order.
While directing Jaising to implead all the States and Union Territories to the petition, the apex court stayed the UP and other state govt's order and issued notices.
"The communications of June 07, 2024 and June 25 of NCPCR and the consequential communications of June 26 of the Chief Secretary of Uttar Pradesh and communication of July 10, issued by the Secretary, Department of Education & Literacy, Ministry of Education, Government of India and communication of August 28, issued by the Government of Tripura shall not be acted upon," the apex court said in its interim order.
It is also to be noted that another petition is pending before the Supreme Court challenging the Allahabad High Court's March 22 decision to strike down the Madrasas Act, 2004.