The denial of school admission to Rohingya refugee children from Myanmar due to the lack of Aadhaar cards has been challenged in the High Court. An NGO called Social Jurist filed the public interest litigation (PIL), highlighting the arbitrary actions of the Municipal Corporation of Delhi (MCD). The petition claims that these actions violate the fundamental right to education guaranteed under Articles 14, 21, and 21-A of the Constitution of India and the Right of Children to Free and Compulsory Education Act, 2009.
According to the petition, MCD schools refuse admission to these children, citing the absence of Aadhaar cards, bank accounts, and other documents apart from the UNHRC-issued refugee card. The petition argues that as long as these children reside in India, they are entitled to their fundamental and human right to education as outlined in the Constitution and relevant laws.
Responsibility of Authorities to Ensure Education
The petition further states that the Directorate of Education and the MCD are responsible for ensuring that all students below the age of 14 are admitted to government or MCD schools in the Shri Ram Colony and Khajuri Chowk area where these children live. It emphasizes that these authorities must guarantee access to statutory benefits for all enrolled students. Denying these rights constitutes a violation of the children’s fundamental and human rights.
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