The Delhi High Court dismissed a PIL challenging Rohingya refugee children’s school admission denial due to lack of Aadhaar cards, advising the NGO petitioner to approach the Ministry of Home Affairs instead. The court stressed that citizenship and refugee policy matters fall under government jurisdiction, urging swift action to address the educational rights of Rohingya children.
New Delhi: The Delhi High Court on today, on Oct 29th, dismissed a Public Interest Litigation (PIL) challenging the denial of school admissions to Rohingya refugee children who lack Aadhaar cards, advising the petitioner NGO to submit a representation to the Ministry of Home Affairs (MHA) to seek relief for the children.
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The bench, led by Chief Justice Manmohan and Justice Tushar Rao Gedela, emphasized that matters involving refugee admissions should be addressed through government channels rather than the judiciary. The court underscored,
“No court in any country determines who receives citizenship. What you cannot do directly, you are attempting indirectly. First, approach the appropriate authorities.”
The PIL, filed by Social Jurist NGO, highlighted that the Municipal Corporation of Delhi (MCD) schools were allegedly denying admissions to Rohingya children based on the absence of Aadhaar cards and other documents, including bank accounts. The petition argued that this refusal violates the children’s fundamental right to education under Articles 14, 21, and 21-A of the Indian Constitution, as well as the Right of Children to Free and Compulsory Education Act, 2009.
Social Jurist claimed that Rohingya children residing in areas like Sri Ram Colony and Khajoori Chowk have only refugee cards issued by the UNHCR, which should entitle them to education under Indian law. The plea stated,
“As long as these children remain in India, they are entitled to fundamental and human rights to education.”
The court stressed that the representation should be moved to the MHA or the Ministry of External Affairs to appropriately address these policy-related concerns, given the international ramifications of refugee admissions.
The High Court disposed of the petition with instructions to prioritize the issue, calling upon the government to address the concerns expeditiously.
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