Supreme Court Stays Yogi Govt's Order To Shift Students From Madrasas To Govt Schools

The Supreme Court on Monday stayed the directions issued by the Uttar Pradesh government to shift students studying in unrecognised Madrasas and non-Muslim students studying in government-aided Madrasas to government schools.

The letter directed admitting all the non-Muslim students studying in the government-funded madrasas in the schools of the Basic Education Council

Source : ANI

The Supreme Court on Monday stayed the directions issued by the Uttar Pradesh government to shift students studying in unrecognised Madrasas and non-Muslim students studying in government-aided Madrasas to government schools.

The top court today stayed the National Commission for Protection of Child Rights (NCPCR) communications as well as UP government and all consequent steps taken by the authorities. 

The letter dated June 26, said that all the children studying in all such madrasas of the state, which are not recognised by the Uttar Pradesh Madrasa Education Council, should be given admission in council schools. The letter further directed admitting all the non-Muslim students studying in the government-funded madrasas in the schools of the Basic Education Council for providing them formal education.

The then Uttar Pradesh chief secretary, Durga Shankar Mishra, in an order dated June 26, issued the above direction to all the district magistrates of the state, cited a letter of the National Commission for Protection of Child Rights (NCPCR) dated June 7. 

The three judge bench headed by Chief Justice of India DY Chandrachud today issued notice to the UP government and passed an interim stay order after hearing the pleas by the Jamiat Ulema-e-Hind.

Terming the order by Yogi Adityanath government as "unconstitutional", the muslim body has demanded withdrawal of the UP government's order directing that all students in unrecognised madrasas and non-Muslim students studying in government-aided madrasas should be shifted to government schools. The top court has for now stayed the order.

What NCPCR Notices Said

On June 07, the child rights body wrote to the Chief Secretary of Uttar Pradesh directing that that the recognition of Madrassas not complying with the RTE Act be withdrawn.

On June 25, 2024, the NCPR wrote to the Ministry of Education to issue directions to all States/UTs to conduct inspections of the existing Madrasas with the UDISE Code.

The letter said that the recognition and UDISE Code of Madrassa that do not comply with the RTE Act, 2009 should be withdrawn with immediate effect.

The NCPCR further requested the Centre to not extend the UDISE system to Madrasas. The top court today has stayed all these communications and the action taken by governments on these letters.

In a seperate petition, the Supreme Court on April 5 stayed an Allahabad High Court order, which had declared the Uttar Pradesh Board of Madrasa Education Act, 2004, as "unconstitutional".