'We Asking Rohingya Children To Approach Schools For Admission Means They Are Entitled': Supreme Court Disposes Of PIL

The Supreme Court today disposed of a PIL seeking government benefits and school admissions for Rohingya refugees, saying that it wants the children to take the initiative of approaching schools for admission.

At the same time, however, the Court preserved liberty for the children to approach the Delhi High Court in case the schools deny admission despite their entitlement.

A bench of Justices Surya Kant and N Kotiswar Singh passed the order on the same lines as the order passed in another case seeking similar relief, where the Court had observed that the appropriate course of action would be for the Rohingya children to first approach the concerned government schools (to which they claim eligibility).

Senior Advocate Colin Gonsalves, for the petitioner, attempting to distinguish the two cases, urged during the hearing that in the other case, the petitioner had not brought to the notice of the Court an assurance given by Solicitor General Tushar Mehta in earlier matters that Rohingya children shall be treated "at par" with other children (in the matter of access to education). However, the bench was not convinced.

Though Gonsalves beseeched the Court to add a few lines in terms of the SG's assurance, saying that one line from the Court could straightaway send 500 Rohingya children to school tomorrow, the bench refused to say anything beyond its earlier order.

"We need someone to say that they are entitled to go," urged Gonsalves. "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", replied Justice Kant. The judge also orally observed that once the children get admission, they would also be entitled to uniforms, books, etc.

Briefly put, the present public interest litigation was initiated for grant of school admissions and government benefits to Rohingya refugee families without insistence on Aadhaar cards and irrespective of citizenship status.

Initially, asking the petitioner to provide information regarding the residential status of the Rohingya refugee families, the Court had said that from there only, the "right to education will flow". In the other matter seeking similar relief, it had indicated that the mechanism to impart education would differ based on the status of residence, as if the families are based in camps and the Rohingya children are allowed admission in regular schools, parents/guardians of the children might also seek to leave the camps.

At a subsequent date, calling for data from the petitioner in the present case, Justice Kant verbally opined that education ought to be provided to all children without discrimination, but first the status of residence of the Rohingya families needed to be ascertained. Thereafter, the other case pertaining to Rohingya children's entitlement to school admission was disposed of. Taking into account that order, the Court disposed of the present petition.

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

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