Supreme Court Charts Path for Rohingya Children’s Education Rights in Delhi
Last Updated on February 19, 2025 by Amit Patra
In a measured judgment balancing human concerns and procedural necessities, the Supreme Court today clarified procedures under which Rohingya refugee children would be able to seek access to Delhi schools even as it rejected a petition seeking direct admission of such children.
The Justices Surya Kant and N Kotiswar Singh bench established a two-stage process: in the first step, the children must directly go to government schools where they claim eligibility, and if turned down despite being eligible, then to the Delhi High Court. The pragmatic solution came after the petitioner-NGO presented the court with evidence of 18 such eligible children whose siblings are already enrolled in Delhi government schools.
Importantly, Justice Kant said that there is no government circular denying entry of Rohingya children in Delhi schools, and “There is nothing, somebody will have to apply to the school.show that you are a resident of that area.based on that, law will take its own course.”
The case began after Social Jurist-A Civil Rights Group had petitioned the Delhi High Court through a PIL in protest against refusal of admissions to Rohingya children based on non-production of Aadhaar cards. The High Court, keeping in mind the international scenario and security factor, had advised petitioners to approach the Ministry of Home Affairs, considering the issue a matter of policy for which the decision had to be made by the government.
The Supreme Court directive finds equilibrium between access to education and procedural decorum, creating a particular avenue for the admission of Rohingya children to receive educational opportunities without being in violation of existing administrative hierarchies. This provides for case-by-case examination of admissions while respecting institutional authority.
