Supreme Court Extends Protection To Unrecognised Madrasas, Allows Jamiat Ulema-i-Hind To Approach High Court
The Supreme Court Today (Aug 4) gave more time and protection to unrecognized madrasas in Uttar Pradesh and Tripura, allowing Jamiat Ulema-i-Hind to take their challenge to the High Court. The case concerns NCPCR’s directions to move students from such madrasas to government schools.
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NEW DELHI: The Supreme Court of India said that the legal challenge against the communications issued by the National Commission for Protection of Child Rights (NCPCR)which had asked states to shift students from unrecognised madrasas to government schoolscan be taken to the concerned High Court.
The case was brought by the organisation Jamiat Ulema-i-Hindwhich has questioned the actions of the Uttar Pradesh and Tripura governments that directed the transfer of students from unrecognised madrasas to government schools.
A bench of Justices M M Sundresh and N kotiswar singh told the lawyer for the petitioner that the earlier protection granted by the Supreme Court would be continued, but they also gave the liberty to approach the High Court.
Back on October 21, 2024the Supreme Court had already put a stay on the operation of the NCPCR communications and the related actions taken by some states.
Senior Advocate Indira jaizingrepresenting Jamiat Ulema-i-Hind, pointed out that there was already an interim order from the Supreme Court staying the circulars and that the case now needed to be heard and decided finally.
The lawyer for Uttarakhand mentioned that the Supreme Court had earlier indicated that the matter could go to the High Court.
Jaising reminded the bench that a three-judge bench of the Supreme Court had already passed an order in this case.
The bench responded,
“You (petitioner) can still go to the high court. It is a constitutional court.”
Jaising said she was ready to present her arguments as soon as the respondents submitted their replies.
The bench clarified,
“We are only saying you can approach the high court. Now, there is already a protection which you have got. We will extend the protection and will give you liberty to approach the high court.”
When Jaising asked for some more time to take instructions from her client, the bench told her,
“Have faith in the high court.”
The court scheduled the next hearing for three weeks later.
In its earlier order of October 21, 2024the Supreme Court had stayed NCPCR’s communications dated June 7 and June 25, 2024and had also directed that the related orders issued by the states should not be acted upon.
The top court had further allowed the petitioner to include states other than Uttar Pradesh and Tripura as parties in the case.
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