On Tuesday, the Delhi High Court declined to entertain a PIL challenging the Municipal Corporation of Delhi’s (MCD) decision to deny school admissions to Rohingya refugee children from Myanmar due to their lack of Aadhaar cards.
Chief Justice Manmohan, leading a Bench that included Justice Tushar Rao Gedela, urged the petitioner (a non-governmental organization) to direct their concerns to the appropriate government bodies, specifically the Union Ministry of Home Affairs, for resolution.
During the proceedings, the court expressed skepticism regarding the PIL’s premise, suggesting that it sought to extend the Right to Education (RTE) to non-citizens through the judiciary.
The bench remarked, “What you cannot do directly, you are attempting indirectly. First, approach the appropriate authorities.”
The High Court ultimately dismissed the plea, stating that the issues raised pertained to significant policy matters best addressed by the relevant government ministries rather than through judicial intervention.
PIL Challenges MCD’s School Admission Denial For Rohingya Kids, Citing Right To Education
The PIL argued that the MCD’s refusal to admit these children infringed upon their fundamental right to education, as guaranteed by the Indian Constitution and the RTE Act of 2009.
The petition described the MCD’s actions as arbitrary and unlawful, criticizing the basis of exclusion due to missing documents like Aadhaar cards and bank accounts, despite the availability of UNHRC-issued refugee cards.
The petitioners contended that these children, while residing in India, are entitled to constitutional protections, including the right to education under Articles 14, 21, and 21-A of the Indian Constitution, as well as provisions of the Right of Children to Free and Compulsory Education Act, 2009.
They further emphasized that the Directorate of Education and the MCD must ensure all children under 14 have access to government or MCD schools.
This ruling highlights the ongoing complexities surrounding education access for refugees in India, raising critical questions about the balance between legal requirements and humanitarian obligations.
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