The Supreme Court on Monday remarked that the issue of admission of Rohingya refugee children in state-run schools would require its consideration.

A bench of Justices Surya Kant and NK Singh was hearing a special leave petition against the Delhi High Court’s refusal to direct the Municipal Corporation of Delhi (MCD) to admit Rohingya refugee children from Myanmar into local schools. At the outset, advocate Ashok Agarwal, appearing for the petitioner NGO, submitted that the idea behind the institution of the petition was to educate vulnerable Rohingya refugee children.

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“Where are these Rohingya families? You want to take them out of the refugee camp?” asked the Justice Kant-led Bench. In response, Agarwal stated that these children were residing normally with their families and not in any camp.

“If they are living in a regular residential area, then your (petitioner’s) point will require consideration. Even, if they are confined in camp, still your point will require consideration, but in a different manner. Then you should ask for educational facilities within the refugee camp,” remarked the apex court.

At this, the petitioner’s counsel said that he would file an affidavit detailing the address of at least 17 children who are out of school and were denied admission in MCD schools. Adjourning the hearing, the top court allowed the petitioner two weeks’ time to place the affidavit on record.

Earlier on October 29, the Delhi High Court had asked the petitioner, Social Jurist A Civil Rights Group, an NGO, to approach the government authorities and make a representation before the Union Ministry of Home Affairs for redressal of the issue raised.

The Delhi HC had remarked that the public interest litigation (PIL) indirectly attempted to extend the Right of Education (RTE) to non-citizens using a judicial forum when in no country courts determine who should be conferred citizenship.

“What you cannot do directly, you are attempting indirectly. First, approach the appropriate authorities,” it had told the petitioner’s counsel. Disposing the plea, the Delhi High Court had said that the reliefs sought in the PIL related to critical policy matters and the petitioner should approach the Union Ministry of Home Affairs or the Ministry of External Affairs.

Before the apex court, the petitioner contended that he made representations to the Union as well as the Delhi governments to issue an order clarifying that all the refugee children residing within the territory of India are entitled to get education.

“The said representation was followed by reminder dated 28.11.2024, however, no response has been received thereof till date,” added the petitioner. The petition filed before the Delhi HC had contended that the denial of admission to these children due to their lack of Aadhaar Cards violated the fundamental right to education outlined under the Indian Constitution and the RTE Act, 2009.

The plea said that while these children remain in India, they are entitled to constitutional protections, including the Right to Education under 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 added that it is the responsibility of the Directorate of Education and the MCD to ensure that all students under the age of 14 are admitted to government or MCD schools.