'Every Child Is Entitled To Education... No Question Of Discrimination', SC On Rule Declining Admission To Rohingya In Delhi schools

The top court observed that every child is entitled to education, while hearing a petition against the rule declining admission to Rohingya children.

New Delhi:The Supreme Court on Wednesday said in terms of education there can be no question of discrimination and every child is entitled to education.

The matter was heard by a bench comprising justices Surya Kant and N Kotiswar Singh.

“In terms of education there is no question of discrimination. Every child will get admission…find out where they are living, in what capacity they are living. And, then what can be the effective mechanism to ensure that education is provided to them”, said Justice Kant.

The bench made it clear that though the court is considering the issue of education, it can also consider the issue of health. “But first must satisfy, where are they living and is it in public domain that these (Rohingyas) families’ are living here…,” said Justice Kant, while seeking the details regarding the Rohingyas families’ in Delhi.

Senior advocate Colin Gonsalves, representing the NGO Rohingya Human Rights Initiative, submitted before the bench that he has filed an affidavit giving the details and pointed out that the Rohingya refugees have UNHCR (United Nations High Commissioner for Refugees) cards. Gonsalves said when UNHCR registers, they give the list to the police and the police carry out checks from time to time, and they are required to report. “If they move out from one palace and go to some other state, they are required to report”, said Gonsalves. The bench sought detailed information regarding Rohingyas from the senior counsel, to which he agreed.

The apex court was hearing a plea seeking quashing of a circular issued by Delhi’s Atishi government in December 2024 prohibiting government schools from admitting children of Rohingya refugees.

During the hearing, the apex court indicated that it is not content with the affidavit filed by Gonsalves, on the directions of the court, to give a list of children of Rohingya refugees resident in the national capital only.

“What you have given is a list of children. Forget the children for the time being ... .First we want a list of parents. What you have given is a list of children. Give a list of parents, how are they living, where are they living, who is permitted to live etc please tell us about parents…if they are living in rooms, tell us who owns it,” the bench said.

“Give us a list of families’ colony-wise. Let us see what can be done”, said Justice Kant. Gonsalves sought time to reply in the matter. The apex court scheduled the matter for further hearing after 10 days.

In the previous hearing, the apex court had sought details regarding the place of residence of Rohingyas in Delhi.

The plea filed through advocate Satya Mitra sought quashing of a circular issued by Delhi’s AAP government on December 23, 2024 prohibiting government schools from admitting children of Rohingya refugees.

On January 31, Gonsalves contended before the bench that there are 1,050 Rohingya refugees in Delhi and they are majorly concentrated in areas like Shaheen Bagh and Khazuri Khas. The bench asked Gonsalves to bring on record a detailed affidavit, whether they are living in normal residences or they are confined to camps. “As it will mould the nature of relief…”, said the bench.

Seeking early hearing in the matter, Gonsalves said there was an urgency as “exams will start and they will be left out”. The bench said, “Exams will only be there if they are admitted…”.

Gonsalves replied that the Delhi government says identify them and the identification is being done to prevent them from going ahead. Gonsalves said that he will file all the details sought by the bench.

The Delhi government circular had sought strict adherence to admission procedures and to verify students’ documents to prevent the enrolment of illegal Bangladeshi migrants.