The Supreme Court on Tuesday issued notice on a contempt petition filed by advocate Ashwini Kumar Upadhyay against Union Education Secretary T.K. Anil Kumar, alleging non-compliance with an earlier direction to consider his representation to regulate institutions imparting religious education to children below the age of 14 years.

A Bench comprising Justice Dipankar Datta and Justice Sheel Nagu also dispensed with the personal appearance of the Education Secretary and directed that the matter be listed after four weeks.

The contempt plea relates to Upadhyay's representation seeking registration and monitoring of institutions providing secular or religious education to children below 14 years of age. The petition alleges that the Union Education Secretary failed to take a decision on the representation despite the Court's earlier directions.

The matter has been directed to be listed after four weeks.

As per Upadhyay's petition, thousands of non-registered institutions are radicalising gullible young children under the garb of imparting religious instructions, as they are not supervised by the State. He has stated that this has serious implications not only for internal security but also for fraternity, unity and national integration, as one can easily brainwash young children in the name of religion.

He has also sought a direction that semi-religious minority and non-minority educational institutions can't fall under Article 30, as it is a specific reiteration of Article 19(1)(g) and doesn't confer any additional rights. And, 'educational institutions of their choice' in Article 30(a) means 'secular/professional educational institutions of their choice' and not religious educational institutions. Institutions which impact religious instructions to promote any 'religion' are covered under Article 26(a).

Claiming that his representation has not been considered, the petitioner has now preferred a contempt petition.

Case : ASHWINI KUMAR UPADHYAY Vs T.K. ANIL KUMAR | Diary No. 48593 / 2026