The Supreme Court of India has disposed of a petition seeking school admissions for Rohingya refugee children in Delhi. The court directed that these children should first apply to the concerned government schools where they claim eligibility. If they face denial despite meeting the requirements, they can approach the Delhi High Court.
A bench comprising Justices Surya Kant and N Kotiswar Singh emphasized that the proper course of action is for the children to submit applications to government schools. The court stated that in case of refusal, legal intervention through the Delhi High Court would be an available option.
No Blanket Ban on Admissions
During the hearing, the Supreme Court noted that there was no specific government circular prohibiting the admission of Rohingya refugee children into Delhi schools. Justice Kant highlighted that each applicant must apply, establish residency in the area, and follow due legal procedures. The ruling reinforces that eligibility-based admission remains a lawful process.
Case Background
The petition was filed by Social Jurist, a civil rights group, before the Delhi High Court. The NGO sought directions to the Delhi government and the Municipal Corporation of Delhi (MCD) to admit Myanmar-origin Rohingya refugee children into nearby schools. The petitioner argued that these children were denied admission due to the lack of Aadhaar cards.
Earlier this year, the Supreme Court had instructed the NGO to submit an affidavit detailing whether the Rohingya refugees resided in makeshift camps or regular residential areas. The affidavit later presented details of 18 children deemed eligible for school admission, with some of their siblings already studying in government schools in Delhi.
Government Policy Considerations
The Delhi High Court had previously ruled that as Rohingyas are foreigners without official legal entry into India, their education rights fall under government policy. The court directed the petitioner to take up the matter with the Union Ministry of Home Affairs for a policy-based resolution.
The High Court also noted that the issue has broader implications on security and citizenship. It emphasized that granting education to Rohingya refugees requires a policy decision from the government, rather than a judicial directive. The court remarked that no country allows courts to determine citizenship matters, reinforcing that such decisions fall within the domain of the executive branch.
Supreme Court’s Final Order
Dissatisfied with the High Court’s response, the petitioner had moved the Supreme Court. However, the Supreme Court upheld the lower court’s approach, directing the children to first apply for admission. The court clarified that if admissions are denied despite eligibility, the legal recourse remains open through the Delhi High Court.
This ruling leaves the matter in the hands of the government and local school authorities, reaffirming that education for Rohingya refugee children in Delhi will depend on individual applications and policy decisions.
