Madarsa Row: SC Stays Yogi Govt’s Order To Shift Students To Govt Schools

In a significant legal development, the Supreme Court of India has issued a stay on the Uttar Pradesh government’s directive to transfer students from unrecognized madrasas and non-Muslim students from government-aided madrasas to government schools. This interim order was delivered by a three-judge bench led by Chief Justice of India DY Chandrachud on Monday.

Background of the Case

The controversy began with a letter dated June 26 from the then Uttar Pradesh Chief Secretary, Durga Shankar Mishra, which directed district magistrates to ensure that all children studying in unrecognized madrasas receive admission in state-run schools. The letter was based on recommendations from the National Commission for Protection of Child Rights (NCPCR), which stated that non-Muslim students in government-funded madrasas should also be admitted to formal education in Basic Education Council schools.

The NCPCR’s communication, sent to the Chief Secretary on June 7, emphasized that recognition should be withdrawn from madrasas that do not comply with the Right to Education (RTE) Act. Following this, on June 25, the NCPCR urged the Ministry of Education to mandate inspections of existing madrasas with the Unique Data Identifier for School Education (UDISe) code and called for the immediate withdrawal of recognition for those not adhering to the RTE Act.

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Supreme Court’s Intervention

Upon hearing petitions filed by the Jamiat Ulema-e-Hind, a prominent Muslim organization, the Supreme Court characterized the Uttar Pradesh government’s actions as “unconstitutional.” The organization argued that the directive undermined the rights of students and violated their access to education.

The court’s interim stay halts all actions based on the UP government’s orders and the NCPCR’s communications. This includes the withdrawal of recognition from madrasas and the subsequent transfers of students.

Implications for Education in Uttar Pradesh

The Supreme Court’s ruling has significant implications for the education system in Uttar Pradesh, particularly concerning madrasas, which serve a vital role in the education of many Muslim children. By staying the government’s orders, the court has provided a temporary reprieve for students who would have been affected by the mass transfers.

Moreover, the ruling brings into question the balance between regulatory oversight of educational institutions and the rights of minority communities to maintain their educational systems. The stay allows for further examination of the legality and constitutionality of the Uttar Pradesh government’s directive.

Ongoing Legal Discussions

This ruling follows another significant Supreme Court decision on April 5, when the court stayed an Allahabad High Court order declaring the Uttar Pradesh Board of Madrasa Education Act, 2004, as “unconstitutional.” These ongoing legal discussions indicate a complex interplay between state regulations and minority education rights in India.

As the case progresses, it remains crucial for stakeholders, including educational authorities and community organizations, to engage in dialogue to find a solution that respects both regulatory frameworks and the rights of students.

The Supreme Court’s stay on the Uttar Pradesh government’s order marks a pivotal moment in the ongoing debate about education in madrasas and the rights of students in India. As the legal battle continues, the implications for the future of madrasa education and minority rights will be closely monitored by both legal experts and community leaders.

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