"Make representation to MHA, its policy decision": Delhi HC on PIL seeks admission for Rohingya refugee children in school

New Delhi [India], October 29 : The Delhi High Court in Tuesday refused to entertain a Public Interest Litigation (PIL) challenging the denial of school admissions to Rohingya refugee children from Myanmar due to their lack of Aadhaar cards and directed the petitioner NGO to move a representation to Ministry of Home Affairs (MHA) in this regards.
The bench led by Chief Justice Manmohan and Justice Tushar Rao Gedela instructed the petitioner to submit a representation to the Ministry of Home Affairs concerning the admissions of Rohingya children in MCD schools without Aadhaar cards.
The court disposed of the petition, emphasizing that the issue should be addressed by the government as expeditiously as possible.
During the hearing, the bench stated "The issue is that there is legislation in Assam calling for expulsion, and here you are facilitating their stay. Please make a representation; let the government decide. We cannot allow this. No court in any country determines who receives citizenship. What you cannot do directly, you are attempting indirectly. First, approach the appropriate authorities."
"You cannot use the court process for this. They must be recognized as Indians; we cannot take on that responsibility. Let's not lose sight of the fact that these are international issues, not just national ones, and they have significant ramifications. There has been considerable turmoil in the state. Either approach the Ministry of Home Affairs or the Ministry of External Affairs, as these are critical policy matters", remarked the bench
The PIL recently filed stated that the arbitrary and unlawful actions of the Municipal Corporation of Delhi (MCD) in denying statutory benefits to Myanmar Rohingya refugee students enrolled in their schools.
Plea moved through a NGO namely Social Jurist that this conduct infringes upon the fundamental right to education for these children, as guaranteed by Articles 14, 21, and 21-A of the Constitution of India, along with the Right of Children to Free and Compulsory Education Act, 2009.
It was submitted that the MCD School is denying admission to the children on the grounds that they lack Aadhaar cards, bank accounts, and other documents, except for the refugee cards issued by UNHRC.
It is essential to note that, as long as these children remain in India, they are entitled to fundamental and human rights to education, as guaranteed by the Constitution of India and relevant statutory laws. Therefore, the denial of this right constitutes a violation of their fundamental and human rights, stated the plea.
It was also stated that it is the responsibility of the Directorate of Education and the Municipal Corporation of Delhi to ensure that all students under the age of 14 are admitted to government or MCD schools in the Sri Ram Colony, Khajoori Chowk area where these children reside.