Supreme Court: Rohingya children can move HC if denied admission to Delhi schools despite eligibility

The Supreme Court has disposed of a petition seeking school admission for Rohingya refugee children in Delhi, stating that the children must first apply to government schools where they claim eligibility. If admission is denied despite eligibility, they are free to approach the Delhi High Court, the bench of Justices Surya Kant and N Kotiswar Singh ruled.

The court observed that there is no official circular banning admission for Rohingya children in Delhi schools. Justice Kant emphasized, “Somebody will have to apply to the school, show residency proof, and the law will take its course.”

The ruling follows a Public Interest Litigation (PIL) filed by Social Jurist – A Civil Rights Group before the Delhi High Court, alleging that Rohingya refugee children were denied admission due to the absence of Aadhaar cards. The High Court disposed of the PIL, directing the petitioner to approach the Union Ministry of Home Affairs as the issue involves national security and citizenship concerns.

In January, the Supreme Court had sought an affidavit detailing whether the Rohingya refugees were residing in make-shift camps or regular colonies. The affidavit, subsequently submitted, listed 18 eligible children, some of whom have siblings already studying in Delhi government schools.

The Delhi High Court previously noted that since Rohingyas are foreigners without official legal entry into India, the issue falls within the government’s policy domain. The court observed, “Let the government take a call on this. Citizenship and national security decisions are matters of policy, not judicial intervention.”