The Supreme Court has disposed of a petition seeking admission for Rohingya refugee children in Delhi schools. The court clarified that the appropriate course of action would be for the children to first apply to the concerned government schools. If they are eligible but denied admission, they have the liberty to approach the Delhi High Court.
A bench comprising Justice Surya Kant and Justice N. Kotiswar Singh stated:
"The appropriate recourse for these children would be to apply to the Government Schools for which they claim eligibility. If they are denied admission despite being eligible, they can approach the Delhi High Court."
With this direction, the Supreme Court disposed of the Special Leave Petition (SLP).
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Background of the Case
The civil rights organization Social Jurist – A Civil Rights Group filed a Public Interest Litigation (PIL) in the Delhi High Court, seeking directions for the Delhi government and the Municipal Corporation of Delhi (MCD) to grant school admission to Rohingya refugee children residing nearby.
The petition argued that these children were being denied admission due to the lack of Aadhaar cards.
While considering the case, the Delhi High Court orally observed:
"Rohingyas are foreigners who have not been legally granted entry into India. This issue involves international concerns, security implications, and citizenship matters. It is for the government to take a policy decision on this."
The High Court then directed the petitioner to submit a representation to the Union Ministry of Home Affairs, which was required to decide on the matter expeditiously.
Supreme Court Appeal and Final Order
Dissatisfied with the Delhi High Court’s decision, Social Jurist approached the Supreme Court.
During the hearing, the Supreme Court sought details of Rohingya families' living conditions to verify whether the children were eligible for admission. The latest affidavit submitted in response provided information on 18 children who were stated to be eligible for school admission. It also mentioned that some of these children's siblings were already studying in government schools in Delhi.
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Justice Surya Kant remarked during the hearing:
"There is no official circular before the court stating that Rohingya children are barred from school admissions in Delhi. Anyone can apply to a school, provide proof of residence, and then the law will take its course."
The court ruled that Rohingya children must first apply to schools. If they are found eligible but denied admission, they may approach the Delhi High Court for relief.
Final Supreme Court Order:
- Rohingya children must first apply to government schools.
- If they are eligible but denied admission, they can approach the Delhi High Court.
- The petitioner organization, Social Jurist, has agreed to provide pro bono legal assistance to these children if required.
- The Supreme Court disposed of the Special Leave Petition (SLP) along with any pending applications.
