Rohingya Children Can Move HC If Denied School Admission Despite Eligibility: Supreme Court Disposes Of Plea

The Supreme Court today disposed of a petition seeking admission for Rohingya refugee children in Delhi schools, observing that the appropriate course of action would be for the children to first approach the concerned government schools (to which they claim eligibility). If they are then denied admission (despite being eligible), the children would be at liberty to approach the Delhi High Court, the Court said.

A bench of Justices Surya Kant and N Kotiswar Singh passed the order, stating, "the appropriate recourse for these children would be to apply to the Government Schools for which they are claiming themselves eligible and in the event of denial of admission, if they are entitled to such admission, the concerned children can approach the Delhi High Court...With liberty aforementioned, the special leave petition is disposed of."

It may be recalled that in January this year, the Court called on the petitioner-NGO to file an affidavit stating whether the Rohingya refugees were confined in make-shift camps or living in regular residential colonies.

Subsequently, an affidavit was filed which gave particulars of 18 children, stated to be eligible for admission to schools, and averred that some children's siblings were already studying in Government schools in Delhi.

In view of this affidavit, the Court passed its order today. During the hearing, Justice Kant noted that there was no circular before the Court to the effect that the admission for Rohingya refugee children in Delhi schools was banned. "There is nothing, somebody will have to apply to the school...go and apply...show that you are a resident of that area...based on that, law will take its own course", the judge said.

Background

Petitioner/Social Jurist-A Civil Rights Group filed a PIL before the Delhi High Court seeking directions to the Delhi government and the Municipal Corporation of Delhi to grant admission to all Myanmar Rohingya refugee children in schools near their residence. It was claimed that the Delhi government and the MCD were not granting admissions to these children in their schools for want of Aadhaar cards.

While noting that Rohingyas are foreigners who have not been officially or legally granted entry into India, the High Court disposed of the PIL asking the petitioner to approach the Union Ministry of Home Affairs with a representation which shall be decided expeditiously. It was orally observed that the matter involved international issues having "ramifications on security and citizenship" and was a policy decision required to be taken by the government.

"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 said orally.

Aggrieved by the High Court order, the petitioner approached the Supreme Court.

Case Title: SOCIAL JURIST A CIVIL RIGHTS GROUP Versus MUNICIPAL CORPORATION OF DELHI AND ANR., SLP(C) No. 1895/2025

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