In a significant development, the Supreme Court of India has disposed of a Public Interest Litigation (PIL) seeking government benefits and school admissions for Rohingya refugee children. The Court emphasized that Rohingya children should take the initiative to approach schools for admission, asserting that this action itself signifies their entitlement to education. The bench, comprising Justices Surya Kant and N Kotiswar Singh, preserved the liberty for these children to approach the Delhi High Court if schools deny them admission despite their eligibility.

The Court’s decision aligns with its earlier ruling in a similar case, where it observed that Rohingya children should first approach government schools to claim their right to education. Senior Advocate Colin Gonsalves, representing the petitioner, attempted to distinguish the two cases by highlighting an earlier assurance from Solicitor General Tushar Mehta. Mehta had previously stated that Rohingya children would be treated "at par" with other children regarding access to education. However, the bench remained unconvinced and declined to add any further directives beyond its initial order.

Justice Kant remarked, "The very fact that we are asking them to go to school means they are entitled... once we are saying, we are creating a right."

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The Court also noted that once admitted, Rohingya children would be entitled to additional benefits such as uniforms and books, ensuring their seamless integration into the education system.

Background of the PIL

The PIL was filed to secure school admissions and government benefits for Rohingya refugee families without the requirement of Aadhaar cards or citizenship status. Initially, the Court had asked the petitioner to provide details about the residential status of the Rohingya families, as the "right to education would flow" from this information. In a related case, the Court had indicated that the mechanism for providing education would depend on the families' residential status. For instance, if Rohingya children in camps were admitted to regular schools, their parents or guardians might also seek to leave the camps.

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Justice Kant verbally emphasized that education should be provided to all children without discrimination. However, he stressed the need to first ascertain the residential status of Rohingya families to determine the appropriate course of action. The Court disposed of the petition after considering its earlier order in a similar case, which had already addressed the issue of Rohingya children’s entitlement to school admissions.

The Supreme Court’s decision underscores the importance of education as a fundamental right for all children, regardless of their refugee or citizenship status. By urging Rohingya children to approach schools directly, the Court has empowered them to claim their right to education. At the same time, the ruling ensures that schools cannot arbitrarily deny admissions to eligible Rohingya children, as they retain the option to seek legal recourse through the Delhi High Court.

Case Title: ROHINGYA HUMAN RIGHTS INITIATIVE (ROHRINGYA) AND ORS. Versus GOVERNMENT OF NCT OF DELHI AND ORS., W.P.(C) No. 57/2025