“I have been fighting for this cause since 2018 and with one direct order, the court will be granting admission to 500 students”
NEW DELHI: The Supreme Court of India on Friday ruled that Rohingya children can approach government schools for admission. If they are denied, they have the right to move the high court.
A bench comprising Justices Surya Kant and N Kotiswar Singh gave this ruling while disposing of a petition. The plea had requested that the Delhi government grant admission to Rohingya children who hold United Nations High Commissioner for Refugees (UNHCR) cards in public schools.
The bench directed that the children must first try to get admission in government schools.
“We want the children to first approach the government schools. If they are denied admission, they can move the high court,” the bench told senior advocate Colin Gonsalves, who represented the NGO ‘Rohingya Human Rights Initiative’.
The court further stated that a similar order had been passed in another public interest litigation (PIL) that sought the same relief for Rohingya children.
Gonsalves urged the court to formally record its direction so that around 500 students could get admission in government schools.
“I have been fighting for this cause since 2018 and with one direct order, the court will be granting admission to 500 students,” he submitted.
In response, the bench reiterated that it was passing the same order as it had in another PIL regarding the same issue.
“We want the children to make the first move,” the bench said.
On February 12, the Supreme Court had emphasized that no child should be discriminated against when seeking education.
The petition sought directions to the Centre and the Delhi government to provide Rohingya refugees with access to public schools and hospitals.
Previously, the Supreme Court had asked for details regarding the areas where these refugees were residing. On January 31, the court had instructed the NGO to provide specific information about the Rohingya refugees’ settlements in Delhi and the facilities available to them.
The court also asked Gonsalves to submit an affidavit listing their places of residence in the city.
Gonsalves pointed out that Rohingya refugees were being denied access to schools and hospitals due to the lack of Aadhaar cards.
“They are refugees having UNHCR cards, and therefore they can’t have Aadhaar cards. But for want of Aadhaar they are not being granted access to public schools and hospitals,”
he argued.
He further informed the court that Rohingya refugees were living in different parts of Delhi, including Shaheen Bagh, Kalindi Kunj, and Khajuri Khas.
“In Shaheen Bagh and Kalindi Kunj, they are residing in slums, while in Khajuri Khas, they are residing in rented accommodations,” he said.
The Supreme Court clarified that its inquiry about the locations was to determine whether the refugees were living in camps, as this would affect the nature of relief granted.
The PIL sought a court order directing the authorities to admit all Rohingya children in public schools free of cost, even if they did not have Aadhaar cards. It also requested that these children be allowed to sit for exams such as Class 10, Class 12, and graduation without requiring government ID proof.
Additionally, the petition demanded that Rohingya families receive government benefits, including:
- Free healthcare services in government hospitals.
- Subsidized food grains under the Antyodaya Anna Yojana.
- Benefits under the Food Security Act, similar to Indian citizens, regardless of their citizenship status.
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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