'In Terms Of Education, No Question Of Discrimination': SC On Rule Refusing Admission To Rohingya Children In Delhi Govt Schools

New Delhi: Hearing a PIL that sought quashing of a circular issued by Delhi’s Atishi government in December 2024 prohibiting government schools from admitting children of Rohingya refugees, Supreme Court on Wednesday said “in terms of education there can be no question of discrimination”

Every child is entitled to education, said Bench.

But the Bench was not happy with the affidavit filed by senior advocate Colin Gonsalves who appeared for petitioner NGO Rohingya Human Rights Initiative on the directions of the court as it gave a list of children of Rohingya refugees residint in the national capital only.

“What you have given is a list of children. Forget the children for time being.First we want list of parents What you have given is a list of children. Give list of parents how are they living, where are they living, who permitted to live etc please tell us about parents..if they are living in rooms, tell us who owns it..give us list of families colony-wise. Let us see what can be done. Of course in terms of education ,no question of discrimination..every child is entitled to..they have right to education”

SC had on last date sought details regarding place of residence of Rohingyas in Delhi.

“File affidavit as to where they are staying where exactly they are living..are they in government camps or normal residential areas? Which pockets they are living?” asked the SC Bench led by Justice Surya Kant seeking an affidavit on last date.

The PIL filed through advocate Satya Mitra sought quashing of a circular issued by Delhi’s AAP government on December 23, 2024 prohibiting government schools from admitting children of Rohingya refugees.

PIL sought direction to Delhi Govt to grant admission to all Rohingya children free of cost whether or not the family holds Aadhar card.

The Delhi government circular had sought strict adherence to admission procedures and to verify students’ documents to prevent the enrollment of illegal Bangladeshi migrants.

According to the circular, schools must ensure that a thorough and careful process is followed when admitting migrant children, requiring the submission, verification, and proper handling of all necessary documents.

This in effect meant that children of Rohingya refugees will not get admission, argued senior advocate Colin Gonsalves who appeared for the NGO.

Gonsalves told the court that there are 1,050 Rohinga refugees in Delhi and they are majorly concentrated in areas like Shaheenbagh, Kalindi Kunj, Khauri khas. SC then sought a detailed affidavit regarding the exact pockets or residence.

PIL sought direction to the Respondents (Delhi Govt)to grant admission to all Rohingya children free of cost whether or not the family has the Aadhar card and to allow children to participate in all examinations including 10th, 12th and graduation without government insistence on the Aadhaar Card.

PIL also sought a direction to Delhi government, MCD and Union of India to extend all government benefits of education, free health services in government hospitals, subsidized food in PDS shops as available to Antyodya Anna Yojana (poorest of the poor) category, benefits under the Food Security Act, 2013 such as services in the Aanganwadis, etc. to Rohingya families as are available to other citizens, irrespective of citizenship.

The NGO also sought direction to the Respondents to carry out surveys in the areas where the refugees live and to proactively facilitate admission of refugee children in Government schools/private schools, government/private hospitals free of cost.

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