The Supreme Court on August 10, 2026, declined to entertain a third writ petition filed by BJP leader and advocate Ashwini Kumar Upadhyay seeking registration, recognition and supervision of institutions imparting religious education to children up to 14 years of age.
A bench of Justice Aravind Kumar and Justice Vipul M Pancholi pointed out that petitions on the same issue had already been considered earlier.
Background of the Case
Upadhyay’s latest petition alleged that several unregistered institutions were providing religious instruction to young children without adequate state supervision. The plea sought directions for bringing such institutions within a regulatory framework.
It also raised questions concerning Article 30 of the Constitution, which protects the right of minorities to establish and administer educational institutions. The petitioner argued that this provision should not be interpreted as granting protection to institutions primarily imparting religious instruction.
The petition further sought to distinguish religious institutions from secular and professional educational institutions.
Supreme Court’s Observation
The bench noted that the petitioner had already approached the Court twice over substantially the same issue.
Justice Aravind Kumar observed that the petitioner already had an earlier order in his favour concerning representation to the authorities and advised him to pursue enforcement of that order rather than filing another writ petition.
The Court remarked,
“You have already taken a writ which is in your favour, enforce the writ.”
The bench also indicated that if the earlier direction had not been complied with, the petitioner could pursue an appropriate contempt remedy.
Decision
In view of the earlier proceedings, Upadhyay chose to withdraw the present petition.
The Supreme Court accordingly dismissed the petition as withdrawn, with liberty to pursue the appropriate remedy in accordance with law.
Case Details
Case Title: Ashwini Kumar Upadhyay v. Union of India
Case Number: W.P.(C) No. 868/2026, Diary No. 41685/2026
Judge: Justice Aravind Kumar and Justice Vipul M Pancholi
Decision Date: August 10, 2026
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