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The seat allowed the petition of Senior Advocate Indira Jaising to implead each states and Union Territories arsenic respondents successful the petition. (File)
The Supreme Court connected Monday stayed the proposal of the National Commission for Protection of Child Rights (NCPCR) to adjacent down madrasas that are not compliant with the Right to Education (RTE) Act and consequent directions issued by the Centre and the Uttar Pradesh and Tripura governments.
The interim bid was passed by a three-judge seat presided by Chief Justice of India D Y Chandrachud portion proceeding a plea by Jamiat Ulama-i-Hind which claimed that it affected the rights of spiritual minorities nether Article 30 to impart education.
Issuing notice, the seat besides comprising Justices J B Pardiwala and Manoj Misra directed, “Pending further orders, the communications dated June 7 and June 26, 2024, of the National Commission for the Protection of Child Rights and the consequential communications dated June 26, 2024, of the main caput of the authorities of Uttar Pradesh and the connection dated July 10, 2024, issued by the secretary, Department of Education and Literacy, Ministry of Education, Government of India, and August 28, 2024, issued by the Directorate of Elementary Education, Government of Tripura, shall not beryllium acted upon”.
The seat besides allowed the petition of Senior Advocate Indira Jaising to implead each states and Union Territories arsenic respondents successful the petition.
The June 7, 2024, NCPCR missive asked the UP main caput to retreat the designation of madrasas not complying with the RTE Act. In its June 25 letter, the Commission asked the Secretary, Department of Education & Literacy, Union Ministry of Education, to contented directions to each states and UTs to behaviour inspections of the existing madrasas and to retreat designation of those which bash not comply with RTE Act requirements.
On June 26, 2024, UP territory collectors were asked to “conduct a elaborate probe of each government-aided/recognised madrasas successful the authorities that admit non-Muslim children” and to “ensure contiguous admittance of each children enrolled successful madrasas into schools”. The Tripura authorities besides issues akin Instructions connected August 28, 2024.
Following the NCPCR communication, the Centre, too, wrote to states and UTs connected July 10, 2024, asking them to instrumentality suitable follow-up action.
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