Justice M.M. Sundresh, Justice N. Kotishwar Singh , Supreme Court of India
Supreme Court Extends Protection Against NCPCR’s Madrasa Derecognition Directives; Asks Jamiat Ulama-I-Hind To Approach High Court
|The Court had earlier stayed the NCPCR’s June 2024 letters directing derecognition of non-compliant madrasas, as well as subsequent communications from the Central, Uttar Pradesh, and Tripura governments.
The Supreme Court today extended interim protection to madrasas whose recognition had been withdrawn by the National Commission for Protection of Child Rights (NCPCR), while hearing a plea filed by Jamiat Ulama-i-Hind challenging the Commission’s directive on non-compliance with the Right to Education Act.
A Bench of Justice M.M. Sundresh and Justice N. Kotiswar Singh said, “What we can do in this...subject to hearing you...there is already protection that you have got. We will extend the protection, and we will let you approach the High Court.”
Senior Advocate Indira Jaising, appearing for the petitioner, submitted that the issue had not been dealt with separately and required a detailed hearing. She pointed out that there was already an order of a three-judge Bench and stated that she was prepared to argue the matter as soon as responses were filed by the other side.
Justice Sundresh responded, “What is there to file when we are not going into merits?”
Advocate Siddharth Sangal, appearing for the State of Uttarakhand, pointed out that the Court had already indicated that such matters could be taken up before the High Court.
Jaising requested the Court to grant her a week’s time to consider the suggestion and take instructions.
The Court recorded in its order, “We put it to the learned senior counsel for the petitioner that approach can be made to the High Court with sufficient interim protection. Let her take instructions. List after 3 weeks.”
On October 21, 2024, the Supreme Court stayed the letters issued by the National Commission for Protection of Child Rights (NCPCR) in June 2024 directing the Centre and the Uttar Pradesh Government to withdraw recognition of Madrasas not compliant with the Right to Education Act, 2009. The Court also stayed the follow-up communications issued by the Ministry of Education, Government of India, as well as by the governments of Uttar Pradesh and Tripura. The interim order was passed by a Bench comprising Chief Justice DY Chandrachud, Justice JB Pardiwala, and Justice Manoj Misra before any submissions were made by the petitioner.
As the matter was called, the Chief Justice asked Senior Advocate Indira Jaising, appearing for the petitioner Jamiat Ulama-i-Hind, what interim relief was being sought. She referred to the letters dated June 7 and June 25, 2024, issued by the NCPCR. The Bench directed that these communications, along with the subsequent directions issued on June 26, July 10, and August 28 by the Uttar Pradesh, Central, and Tripura authorities, respectively, “shall not be acted upon.” The Court also allowed the petitioner to implead all States and Union Territories and directed that amendments be carried out within the week, with liberty to serve the respective Standing Counsel.
Cause Title: Jamiat Ulema I Hind v. National Commission for Protection of Child Rights & Ors. (W.P.(C) No. 660/2024)