"Matter Involves International Issues, Policy Decision To Be Taken By Centre": Delhi HC On PIL To Grant Admission To Rohingya Refugee Children

The Delhi High Court on Tuesday (October 29) refused to entertain a public interest litigation (PIL) petition seeking directions to the Delhi government and the Municipal Corporation of Delhi to grant admission to Rohingya refugee children in local schools. 

In doing so, the court orally said that the matter involved "international" issues having "ramifications on security and citizenship" adding that it is a policy decision to be taken by the government. While noting that Rohingya's are foreigners who have not been officially or legally granted entry into India, the court disposed of the PIL asking the petitioner to approach the Union Ministry of Home Affairs with a representation which will be decided expeditiously. 

A division bench of Chief Justice Manmohan and Justice Tushar Rao Gedela was hearing a PIL moved by NGO Social Jurist, seeking a direction to the respondents–which includes the Delhi government and MCD, to grant admission to all Myanmar Rohingya refugee children in schools nearby to their residence.

During the hearing the court asked the counsel for the petitioner, advocate Ashok Agarwal if the children were citizens of India. It orally said, "Tell us one thing, these are Rohingya refugees? Citizens of India? Please see...first send it to the Ministry of Home Affairs. Let the ministry take a call on this please".

Agarwal said that other such children were already studying and that the petitioner were not asking for opening of bank accounts for these children. The petitioner had approached the high court claiming that the Delhi government and the MCD were not granting admissions to these children in their schools for want of Aadhaar cards.

Agarwal said that these children must be permitted to study in the schools in view of right to education enshrined under the Constitution. 

The court however orally said that today there is a law in Assam that all foreigners have to be expelled who had entered beyond the cut off date. 

"And here you are facilitating them. Let the government take a call on this, we cant...They will come in the mainstream. This is a policy domain, policy decision to be taken by the government. Not for us to a take a call...No country in the world, will the court decide who is to be given citizenship. What you cannot be directly you cannot do indirectly. That we cannot allow. And the court should not be a medium in this. Let the government of India take a policy decision," the court orally added. 

Agarwal emphasizing that the petitioner had approached in view of the "constitutional right of education".

The court however orally remarked, "First go approach them, you have not even approached them...Let's not get carried away...You have not approached anyone. First point of call cannot be the high court of Delhi. These are international issues, not small issues. These are issues which have ramifications, for security, for nationality". 

The court thereafter in its order dictated, "Since Rohingya's are foreigners who have not been officially or legally granted entry into India, the present writ petition is disposed of with a direction to the petitioner to make a representation to the Ministry of Home Affairs, Government of India who is directed to decide the same in accordance with law as expeditiously as possible". 

Case title: SOCIAL JURIST, A CIVIL RIGHTS GROUP V/s MUNICIPAL CORPORATION OF DELHI & ANR.

Citation: 2024 LiveLaw (Del) 1189