The Supreme Court on Monday said the challenge to
the communications issued by child rights body NCPCR urging states to shift
students in unrecognised madrasas to government schools could be raised before
the high court concerned.
The petitioner organisation Jamiat Ulema-i-Hind has
challenged the action of the Uttar Pradesh and Tripura governments directing
students of unrecognised madrasas to be shifted to government schools.
A bench of Justices M M
Sundresh and N Kotiswar Singh told the counsel appearing for the petitioner
that it would extend the protection given by the apex court earlier and grant
them liberty to move the high court.
In its order passed on October 21 last year, the top
court stayed the operation of the communications issued by the National
Commission for Protection of Child Rights (NCPCR) and consequential actions of
some states.
Senior advocate Indira Jaising, appearing for the
petitioner, said there was already an interim order of the apex court staying
the operation of the circulars.
She said the matter was required to be heard
finally.
The counsel appearing for Uttarakhand said the top
court had earlier indicated the matter could go to the high court.
Jaising said a three-judge bench of the apex court
had already passed an order in the matter.
"You (petitioner) can still go to the high
court. It is a constitutional court," the bench said.
Jaising
said she was ready to argue the matter as soon as the respondents would file
their responses.
"We
are only saying you can approach the high court. Now, there is already a
protection which you have got. We will extend the protection and will give you
liberty to approach the high court," the bench added.
After Jaising sought
some time to take instructions, the bench said, "Have faith in the high
court." The matter would be taken up after three weeks.
On October 21, 2024, the top court stayed the
NCPCR's communications issued on June 7 and June 25 the same year.
It also directed the consequential orders of the
states not to be acted upon.
The apex court further allowed the petitioner to
make states, other than Uttar Pradesh and Tripura, as parties to its petition.