The Supreme Court today disposed of a petition seeking admission for Rohingya refugee children in Delhi government schools, observing that the children must first apply to the concerned schools where they claim eligibility. If admission is denied despite their eligibility, they would have the liberty to approach the Delhi High Court for relief.
A bench comprising Justices Surya Kant and N. Kotiswar Singh passed the order, stating:
“The appropriate recourse for these children would be to apply to the Government Schools for which they claim eligibility, and in the event of denial of admission, if they are entitled to such admission, the concerned children can approach the Delhi High Court… With this liberty, the special leave petition is disposed of.”
Court’s Earlier Directions
In January, the Court had directed the petitioner NGO to submit an affidavit clarifying whether the Rohingya refugees were living in makeshift camps or regular residential colonies.
Pursuant to this direction, an affidavit was filed providing details of 18 children who were stated to be eligible for school admission. It was also noted that some of their siblings were already studying in Delhi government schools.
Considering this affidavit, the Court issued its order today. During the hearing, Justice Kant noted that there was no official circular before the Court indicating a ban on the admission of Rohingya refugee children.
“There is nothing [prohibiting admission]. Somebody will have to apply to the school… Go and apply, show that you are a resident of that area… Based on that, the law will take its own course,” he remarked.
Background of the Case
The petitioner, Social Jurist – A Civil Rights Group, had filed a PIL before the Delhi High Court, seeking directions to the Delhi government and the Municipal Corporation of Delhi (MCD) to grant admission to all Rohingya refugee children in schools near their residences. It was alleged that these children were being denied admission due to the lack of Aadhaar cards.
While acknowledging that the Rohingyas are foreign nationals who have not been officially or legally granted entry into India, the Delhi High Court disposed of the PIL. The Court advised the petitioner to approach the Union Ministry of Home Affairs with a representation, which was to be decided expeditiously.
The High Court orally observed that the matter involved international considerations, including security and citizenship concerns, making it a policy decision for the government rather than the judiciary.
“Let the government take a call on this… This falls within the policy domain and is not for us to decide. No country in the world allows courts to determine who should be granted citizenship. What cannot be done directly cannot be done indirectly. The court should not serve as a medium for this. The Government of India must make a policy decision,” the High Court remarked.
Aggrieved by this order, the petitioner approached the Supreme Court.
Case Details
Case Title: Social Jurist – A Civil Rights Group v. Municipal Corporation of Delhi & Anr.
*SLP(C) No. 1895/2025
