'No Question Of Discrimination In Education' : Supreme Court In PIL Seeking Govt School Admission For Rohingya Kids In Delhi

In the PIL seeking government benefits and school admissions for Rohingya refugees, the Supreme Court today said that education shall be provided to all children without discrimination, but first the status of residence of the Rohingya families needs to be ascertained.

A bench of Justices Surya Kant and N Kotiswar Singh was dealing with a public interest litigation initiated for grant of school admissions and government benefits to Rohingya refugee families without insistence on Aadhaar cards and irrespective of citizenship status.

Asking the petitioner to provide information regarding the residential status of the Rohingya refugee families, the Court had earlier said that from there only, the "right to education will flow". In another 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.

During today's hearing, Senior Advocate Colin Gonsalves (for petitioners) presented the information sought by the Court. Apparently, the same listed the number of Rohingya refugee families staying in Shaheen Bagh, Kalindi Kunj and Khajuri Khas. Unsatisfied, Justice Kant asked that the petitioners provide a list of families, details of the properties and some proof that the families were living there.

Seeking time to do the needful, Gonsalves mentioned that the families referred to were all UNHCR (United Nations High Commissioner for Refugees) registered. "Then it makes things easier for you, there must be a registration number. You have to give the colony-wise list. We will see what can be done", said Justice Kant in response.

Before the Court parted with the matter, Gonsalves drew its attention to Union of India's stance in an earlier case that Rohingyas have a right to go to public schools and public hospitals. "In the 3 petitions before the court, this issue arose as to whether they (Rohingyas) should be admitted into schools and hospitals. Now those orders are there. (Solicitor General) Tushar Mehta said that we will not discriminate, we will give the Rohingyas whatever...", he said.

Hearing this, Justice Kant concurred that there can't be any discrimination in the matter of education and all children would have to be provided the same.

"In terms of education, there is no question of discrimination. Every child will get admission. But we just want to first of all find out that where are they living, in what capacity they are living, and then what can be the effective mechanism to ensure that the education is provided to them", the judge said.

When Gonsalves urged that the Court also consider the issue of access to public hospitals/health, Justice Kant expressed that the Court is open to the same. "You have raised the issue of education but we don't mind taking up the issue of health also, but we must first satisfy that how are they (Rohingyas) living, where are they living, and is it in the public domain that these families are living. This information will help us".

Notably, in another petition seeking admission for Rohingya refugee children in local schools, the Court has called on the petitioner (an NGO) to file an affidavit stating whether the Rohingya refugees are confined in make-shift camps or living in regular residential colonies.

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