Supreme Court Stays NCPCR's Letter To Derecognise Madrasas Which Do Not Comply With RTE Act

The Supreme Court today stayed the letters issued by the National Commission for Protection of Child Rights (NCPCR) in June, 2024 to the Centre and the Uttar Pradesh Government to derecognise Madrasas that are not complying with the Right to Education Act, 2009. The Court also stayed the consequential communications issued by the Ministry of Education of the Central Government and the States of Uttar Pradesh and Tripura. 

The Bench of Chief Justice DY Chandrachud, Justice JB Pardiwala and Justice Manoj Misra passed the interim order today, even before Senior Advocate Indira Jaising appearing for the Petitioner Jamiat Ulama-i-Hind made any submissions.  

When the matter was called, the CJI asked Indira Jaising, "Ms Jaising, what is the interim relief that you are seeking... for order we need that".   

"The interim relief application is there on the record. The operation of the letters dated June 7, 2024. It is June 7 and June 25", she replied. 

CJI Chandrachud pronounced the order, "Issue notice returnable in four weeks. Pending further orders, the communications dated 7th June, 2024 and 25th June, 2024 issued by the National Commission for Protection of Child Rights and the consequential communications dated 26th June, 2024 of the Chief Secretary of the State of Uttar Pradesh and the communication dated 10th July, 2024 issued by the Secretary, Department of Education and Literacy, Ministry of Education, Government of India and 28th August, 2024 issued by the Directorate of Elementary Education, Government of  Tripura, shall not be acted upon". 

Jaising then submitted, "I have a small request to make... I have made only Uttar Pradesh and Tripura parties because they are the ones who have now issued circular. If Your Lordships will be pleased on my oral application, allow me to add all states". 

CJI Chandrachud further ordered, "On the oral request of Ms Indira Jaising, learned Senior Counsel, liberty granted to implead all States and UTs. Amendments to be carried out during the course of the week. Liberty to serve the Standing Counsel for the States/UTs and the central agencies for the Union of India".  

Cause Title: Jamiat Ulema I Hind v. National Commission for Protection of Child Rights & Ors. (W.P.(C) No. 660/2024)