NEW DELHI: Supreme Court Monday restrained the Centre and states from acting on two communications from the National Commission for Protection of Child Rights (NCPCR) for withdrawal of recognition to madrassas not complying with the Right to Education Act mandate for free and compulsory education to children aged 6-14.
A bench of Chief Justice D Y Chandrachud and Justices J B Pardiwala and Manoj Misra said, “Pending further orders, no consequential action will be taken by Uttar Pradesh and Tripura based on the June 7 and June 25 communications from NCPCR.”
Appearing for petitioner Jamiat Ulama-i-Hind, senior advocate Indira Jaising said these two states have acted upon the NCPCR communication, though there is apprehension that other states may follow suit as the letters were addressed to all states and UTs.
Petitioners claim NCPCR overshot authority, RTE Act mandate
The bench permitted the petitioner to join all states and UTs as parties to the case and said notices would also be sent to them once they are impleaded. The petitioner said NCPCR had exceeded its authority and the mandate of RTE Act, which under Section 1(5) explicitly provides that the provisions are not applicable to madrassas, vedic pathshalas, and institutions imparting religious instructions.
Jaising said acting on NCPCR communications, ministry of education had on July 10 written to education secretaries of all states and UTs. Following this, UP chief secretary had directed all district magistrates to “conduct a detailed investigation of all govt aided/recognised madrassas in the state which admit non-Muslim children, and get all such children immediately admitted to schools for receiving formal education”.
UP chief secretary also told the district magistrates to “conduct mapping of unmapped madrassas and ensure admission of students studying therein into other schools for receiving formal education.” The petitioner said, “Not only the pervasive state action violates the fundamental rights of minorities running such madrassas, but there is also absolutely no authority in law to conduct such a blanket exercise as well neither with the state nor the Union, and certainly not with NCPCR.”
Claiming fundamental right of minority communities to establish and administer educational institutions as has been repeatedly reiterated by SC in several of its rulings, the petitioner said NCPCR communications and states acting on it has resulted in hounding and selective targeting of madrassas in absolute disregard of the constitutional protections guaranteed to the minority community and is completely guided by political motives.