New Delhi: The Supreme Court on Monday said that the legal challenge against communications issued by the National Commission for Protection of Child Rights (NCPCR), urging states to shift students from unrecognised madrasas to government schools, can be taken up before the respective high courts.
The petition was filed by Jamiat Ulema-i-Hind, which has opposed directives issued by the Uttar Pradesh and Tripura governments asking for the relocation of students enrolled in unrecognised madrasas to state-run schools.
A bench comprising Justices M M Sundresh and N Kotiswar Singh told the counsel representing the petitioner organisation that the interim protection already granted by the Supreme Court would be extended. The court also granted the petitioners liberty to approach the high court concerned for further proceedings.
Earlier, on October 21, 2024, the Supreme Court had stayed the operation of the NCPCR communications dated June 7 and June 25, 2024, along with any consequential action taken by the states based on those directives.
Senior advocate Indira Jaising, representing the petitioner, pointed out that the top court had already issued an interim stay on the circulars and that the matter warranted a final hearing. She noted that a three-judge bench of the apex court had passed an order in the matter, indicating its significance.
Responding to her submission, the bench reiterated that the high court remained a competent constitutional forum to hear the case. “You can still go to the high court. It is a constitutional court,” the bench said, assuring that existing protections would remain in force.
Jaising added that she was prepared to argue the case once the respondents filed their replies. The court responded by saying, “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 requested time to seek instructions from her client, the bench replied, “Have faith in the high court.” The matter will be taken up again after three weeks.
The Supreme Court had also allowed the petitioner to include other states, beyond Uttar Pradesh and Tripura, as parties to the plea.
With PTI inputs