Delhi HC reserves order on plea claiming Afghan students deprived of RTE benefits
Jan 13, 2024
New Delhi [India], January 13 : The Delhi High Court has reserved the order on a Public Interest Litigation (PIL) moved for 46 Afghan Refugee students of a MCD run school Jangpura on denial of Right to Education (RTE) Act benefits like uniform, scholarship, etc on the alleged reason of non-opening of their bank account.
The bench of Justice Manmohan and Justice Manmeet Pritam Singh Arora on Friday reserved the order after the conclusion of the submissions of all sides.
Petitioner Social Jurist, A Civil Rights Group through Lawyer Ashok Aggarwal stated that Afghanistan refugee students studying in MCD Primary School, Jangpura Extension, New Delhi are deprived of Statutory monetary benefits as guaranteed to them under the Right of Children to Free and Compulsory Education Act, 2009 read with Delhi Right of Children to Free and Compulsory Education Rules, 2011 on alleged ground of non-opening of Bank Account.
The plea was filed through Advocates Ashok Aggarwal and Kumar Utkarsh submitted that action on the part of respondents in depriving Afghanistan refugee students of Statutory benefits is arbitrary, unjust, malafide, discriminatory, unethical, anti-child, and violates the fundamental right to education.
Plea submitted that in the case of respondent Delhi Government and respondent MCD in lieu of providing textbooks, writing material and uniforms, money is transferred to the account of students. The relevant Rule 8 of Delhi Right of Children to Free and Compulsory Education Rules, 2011.
It further stated that respondent MCD Primary School, Jangpura Extension, New Delhi has having enrolment of 178 students. It is submitted that out of 178 there are 73 Afghanistan refugee students studying in the school. It is also submitted that all students of respondent MCD Primary School, Jangpura Extension are receiving Statutory monetary benefits through their Bank account except 46 Afghanistan refugee students who don't have Bank Accounts.
Petitioner also added that the issue of depriving Afghanistan refugee students of statutory monetary benefits on the alleged ground of non-operation of Bank Account in the absence of KYC or non-opening of Bank accounts was brought to respondent's notice by the petitioner vide representation dated 19.08.2023 and reminder letter dated 01.09.2023. Through representation, it was suggested to provide cash to students in case there is a problem in opening of Bank account or making it operational. However, nothing has been done so far. It is submitted that the money required to be paid to students is lying with MCD school.
