JUDGMENT :

1. Office has reported a delay of 28 days in filing the Special Appeal.

2. Having regard to the averments made in the affidavit filed in support of the application seeking condonation of delay in filing the Special Appeal and having heard learned counsel for the parties, we are satisfied that the delay has sufficiently been explained.

3. Accordingly, the application is allowed and the delay in preferring the Special Appeal is hereby condoned.

4. Heard Sri V. K. Singh, learned Senior Advocate assisted by Sri M. A. Ausaf, Sri Sankalp Narain, Sri G.S. Maurya, Sri Srivats Narain, Sri Adil Hussain, Sri B. P. Tiwari and Sri Ayush Tandon for the appellants, Ms. Swarupama Chaturvedi, learned counsel appearing for respondent No.1-National Commission for Protection of Child Rights (NCPCR), Sri R. C. Tiwari, learned Counsel representing the Union of India and learned State Counsel representing the State-respondents.

5. This intra-Court appeal arises out of the proceedings drawn by the learned Single Judge in Writ-A No. 2474 of 2023 wherein two orders, namely, the order dated 17.05.2023 and the other order dated 27.03.2023 have been passed. By the order dated 17.05.2023, intervention application moved by the NCPCR has been allowed and the NCPCR has been permitted to intervene in the proceedings. The learned Single Judge has further observed in para - 4 of the said order that the matter is of wide ramification and some importance. Para - 4 of the said order dated 17.05.2023 is quoted as under:-

"4. The matter is of wide ramification and some importance and outcome of this case will effect the education system as well as the rights of the children studying in Madaras. Therefore, this Court appoints Sri S. M. Singh Raikwar, Advocate, as amicus curiae to assist the Court in the matter."

6. While passing the order dated 27.03.2023, learned Single Judge has directed the Central as well as State Governments to file their responses, in the following words:-

"Let the Central Government and State Government file their affidavits explaining that how on Government expense or the funding provided by the Government Exchequer religious education be imparted and whether this could be in violation of Articles 14, 25, 26, 29 an 30 of the Constitution of India."

7. The order dated 27.03.2023 further recites as under:-

"The affidavits of the Central Government from the Secretary, Ministry of Minority Affairs, Government of India and State Government from the Principal Secretary, Department of Minority Welfare and Waqf, Government of Uttar Pradesh should be filed answering the petition and aforesaid questions within a period of six weeks from today."

8. Submission of the learned Senior Advocate representing the appellants is that from a perusal of the two orders dated 27.03.2023 and 17.05.2023 passed by the learned Single Judge, it is apparent and more than clear that apart from considering the issue raised primarily in the writ petition, learned Single Judge also intends to consider the issues having wider ramification and some importance and that outcome of the writ petition will effect the education system as well as the rights of the children studying in Madarsas. His submission, thus, is that it is apparent that the learned Single Judge intends to clearly embark upon a journey to adjudicate the issue of larger public interest which has cropped up before him during the pendency of the case, having due regard to the nature of grievances raised by the writ petitioner and the prayers made therein.

9. Drawing our attention to the prayer clause of the writ petition, it has been stated by the learned Senior Advocate that the writ petition was filed by the writ petitioner seeking a direction to the respondents therein to release his withheld salary and to pay him regular salary as admissible to him under law. The prayers made in the writ petition are extracted here-in-below:-

"Wherefore, it is most respectfully prayed that this Hon'ble Court may graci