Supreme Court Issues Notice In Contempt Plea Against Union Education Secretary Alleging Failure To Decide Representation On Regulating Religious Institutions

The Supreme Court has issued notice in the contempt application against the Secretary, Ministry of Education, for non-compliance with the previous order in the plea seeking registration of all institutions imparting secular/religious education to children up to 14 years.

A petition under Article 32 was filed by Advocate Ashwini Kumar Upadhyay seeking registration, recognition, supervision and monitoring of all institutions imparting secular/religious education to children up to 14 years in the spirit of Article 21A, 39(f), 45 and 51-A(k).

The Bench of Justice Dipankar Datta and Justice Sheel Nagu issued notice in the matter.

The Court had refused to entertain the previous petition seeking directions for the Centre and States to register all institutions imparting secular or religious instruction to children under 14.

Following the said order, the Petitioner approached the Secretary, Ministry of Education, vide representation dated February 10, 2026. Thereafter, the petitioner instituted a second writ petition before the Court seeking identical reliefs; however, the Court refused to entertain the successive plea but asked the authorities to consider the representation within two months.

The Court again dismissed, as withdrawn, the third writ petition seeking similar reliefs. 

The plea, filed by AOR Ashwani Kumar Dubey, submitted that children are the backbone of the nation's growth and are also gullible & naive due to their tender age. Hence, the State has heightened responsibility towards them. Secondly, it was submitted that this is an issue of national security as young kids form the future of the nation and can be brainwashed/manipulated in an unregistered institution. Thirdly, it was submitted that Article 21-A also guarantees quality of education, which can't be ensured in unregistered, unrecognised institutions.

The Plea prayed for initiation of the contempt proceedings, alleging that the Respondent has failed to consider the representation filed by the Petitioner as per the Court's order.

Advocate Ashwini Kumar Upadhyay appeared in Person and submitted that he approached the authorities on May 11, 2026, but did not receive any response as directed by the Court; hence, he filed another plea.

It was submitted that a similar issue concerning the interpretation of Article 26 and Article 30 of the Constitution of India was raised in the said matter, wherein the Bench had referred the question to a larger bench, which remained pending.

The Plea submitted, "it is State's obligation to provide a conducive environment to children upto 14 years. Fifthly, neither there are any criteria for appointment of teachers nor there is any audit of syllabus/curriculum in unregistered unrecognised institutions. Sixthly, the safety/security of children is paramount. It is the State's onus to prevent trafficking of children by non-registered non recognised institutions by preventing it at the threshold."

The Petitioner also submitted that Imparting Religious Instruction amounts to ‘Propagating’ Religion and shall be covered under Article 25. Any Institution which imparts such Religious Instruction falls squarely under the ‘Institutions for Religious and Charitable Purposes’ under Article 26.

It said that the magnitude of Religious Instruction being imparted, or if Secular Education was being imparted, would be no ground to not categorise such an institution under Article 26.

Accordingly, the Court has issued notice in the plea and listed the matter for further hearing.

Cause Title: Ashwini Kumar Upadhyay v. TK Anil Kumar [Diary No. 48593 of 2026]