SC extends interim relief to Madrasas facing derecognition over RTE compliance
The court was hearing a plea filed by Jamiat Ulama-i-Hind challenging the Commission's directives.
A bench comprising Justice M.M. Sundresh and Justice N. Kotiswar Singh stated that the interim protection already granted would continue and suggested that the petitioner could approach the concerned High Court for further relief.
"We will extend the protection and allow you to approach the High Court," the bench observed, while clarifying that the Court was not entering into the merits of the case at this stage.
Senior Advocate Indira Jaising, representing the petitioner, contended that the issue involved broader questions of law and deserved an in-depth hearing. She noted that a prior order by a three-judge bench had stayed similar directions and urged the Court to keep the matter under its consideration. She also requested additional time to decide on whether to move the High Court.
Justice Sundresh remarked, 'What is there to file when we are not examining the merits right now?'
Counsel for the State of Uttarakhand, Advocate Siddharth Sangal, reiterated that the apex court had already signalled that such issues could be adjudicated at the High Court level.
Taking note of the submissions, the Court recorded, 'We put it to the senior counsel for the petitioner that an approach can be made to the High Court with sufficient interim protection. Let her take instructions. List after three weeks.'
Earlier, on October 21, 2024, a three-judge bench led by then Chief Justice D.Y. Chandrachud, along with Justices J.B. Pardiwala and Manoj Misra, had granted a stay on letters issued by the NCPCR in June 2024.
These letters directed the Centre and state governments including Uttar Pradesh and Tripura, to withdraw recognition from madrasas allegedly violating the RTE Act.
The Court also stayed subsequent communications from the Ministry of Education and state authorities, ruling that these directions 'shall not be acted upon.' The petitioner was permitted to implead all States and Union Territories and make necessary amendments within a week, with liberty to serve notices to their respective standing counsel.
The matter will now be listed again after three weeks, pending further instructions from the petitioners.
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