Supreme Court Redirects Madrasa Transfer Challenge to High Courts and Extends Stay
The ruling lets petitioners contest NCPCR communications on relocating madrasa students in state high courts under continued interim protection
Overview
- On August 4, a bench of Justices M M Sundresh and N Kotiswar Singh extended the October 2024 interim stay on NCPCR directives urging shifts from unrecognised madrasas to government schools
- The National Commission for Protection of Child Rights had issued its communications on June 7 and June 25, 2024, prompting states including Uttar Pradesh and Tripura to relocate madrasa students
- Jamiat Ulema-i-Hind, which challenged those state orders, now has the liberty to advance its petition in the appropriate high courts while retaining existing safeguards
- The order underscores the delineation of jurisdiction between the Supreme Court and state high courts in adjudicating constitutional disputes over education policy
- The case is set for further hearing in three weeks, by which time respondents are expected to file their responses