The Supreme Court on Monday granted liberty to Jamiat Ulema-i-Hind to approach the concerned High Courts to challenge communications issued by the National Commission for Protection of Child Rights (NCPCR) directing states to shift students from unrecognised madrasas to government schools.
A bench comprising Justices M M Sundresh and N Kotiswar Singh said the constitutional validity of such directions could be tested before the High Court. The bench also extended the interim protection granted earlier by the apex court, staying the operation of the impugned communications.
The petitioner, Jamiat Ulema-i-Hind, has challenged the actions of Uttar Pradesh and Tripura governments in compliance with the NCPCR’s communications issued on June 7 and June 25, 2024. These communications urged state governments to ensure that children studying in unrecognised madrasas are enrolled in formal government schools.
Senior advocate Indira Jaising, appearing for the petitioner, pointed out that the Supreme Court had already stayed the operation of these directives on October 21, 2024, and urged the court to hear the matter finally. However, the bench noted that the High Court remains a constitutional forum fully empowered to hear the issue.
“You can still go to the High Court. It is a constitutional court,” the bench remarked, assuring that the protection already granted will remain in force during this time. “We are only saying you can approach the High Court… Have faith in the High Court,” it added.
The court had earlier allowed the petitioner to implead other states beyond Uttar Pradesh and Tripura, where similar directives had been issued following the NCPCR’s communication.
The matter is now slated to be taken up after three weeks, giving the petitioner time to seek instructions and consider further legal recourse.
