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SC Restrains Centre, States From Acting on NCPCR Letter to Close Madrassas Not Compliant With RTE Act

The NCPCR communication had also directed the Centre and states to conduct an inspection of all Madrassas.
The Supreme Court. Photo: The Wire.
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New Delhi: The Supreme Court on Monday (October 21) restrained the Union Government and states from acting upon communications sent by the National Council for Protection of Child Rights (NCPCR), which had directed them to withdraw recognition of Madrassas which are not compliant to the Right to Education (RTE) Act.

The NCPCR communication had also directed the Centre and states to conduct an inspection of all Madrassas, reported LiveLaw.

A bench comprising Chief Justice of India D.Y. Chandrachud and Justices J.B. Pardiwala and Manoj Misra passed the interim order on Monday (October 21) while hearing a writ petition filed by the Jamiat Ulema-I-Hind which had challenged the NCPCR’s communication.

On June 7 this year, the NCPCR had written to the Chief Secretary of Uttar Pradesh , directing that recognition of Madrassas which have not complied with the RTE Act be withdrawn.

Thereafter, the NCPCR had also written to Secretary of the Union Ministry of Education to issue directions to all UTs and states for conducting inspections of Madrassas and to withdraw the recognition of those institutions which didn’t comply with RTE.

The Jamiat Ulema-I-Hind approached the Supreme Court challenging these decisions as an infringement of the right of religious minorities to impart education as per Article 30 of the Constitution

While issuing notice, the Supreme Court directed that pending further orders, the various communications issued on the subject shall not be acted upon.

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