SC to examine admission of Rohingya children in MCD schools
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New Delhi: The Supreme Court of India has agreed to consider the issue of admitting Rohingya refugee children into state-run schools after hearing a special leave petition. The petition challenges the Delhi High Court’s refusal to direct the Municipal Corporation of Delhi (MCD) to allow these children into local schools.
During the hearing, a bench comprising Justices Surya Kant and NK Singh considered the petitioner’s plea. Advocate Ashok Agarwal, representing the NGO Social Jurist A Civil Rights Group, stated that the goal was to educate vulnerable Rohingya refugee children.
Justice Kant raised a key question, asking where these families are located, to which the petitioner’s counsel clarified that the children live with their families in regular residential areas, not refugee camps. Justice Kant suggested that the petition would require further consideration if the children live outside camps. He also noted that if the children were residing in camps, the petition should request educational facilities within those camps.
The petitioner’s counsel informed the court that an affidavit detailing the addresses of at least 17 children who have been denied admission to MCD schools would be submitted. The Supreme Court adjourned the hearing and granted the petitioner two weeks to submit the affidavit.
In an earlier ruling on October 29, the Delhi High Court had asked the petitioner to approach the government and represent the issue to the Union Ministry of Home Affairs. The High Court had observed that the public interest litigation (PIL) indirectly sought to extend the Right to Education (RTE) to non-citizens through the judicial system. It further advised the petitioner to pursue the matter through the appropriate governmental channels.
Before the Supreme Court, the petitioner argued that they had submitted representations to both the Union and Delhi governments, urging them to issue a directive ensuring that all refugee children within India’s borders have access to education. The petitioner claimed that despite reminders, no response had been received.
The petition highlighted the denial of education to these children, citing the lack of Aadhaar cards as a barrier to admission to MCD schools. It argued that this violated their fundamental right to education under the Indian Constitution, particularly Articles 14, 21, and 21-A, and the Right of Children to Free and Compulsory Education Act, of 2009. The plea emphasized that it is the responsibility of the MCD and the Directorate of Education to admit all children under 14 years of age into government schools.
With IANS inputs