New Delhi, Oct 29 The Delhi High Court on Tuesday refused to entertain a Public Interest Litigation (PIL) challenging the Municipal Corporation of Delhi’s (MCD) refusal to admit Rohingya refugee children from Myanmar into local schools due to their lack of Aadhaar Cards.
A Bench headed by Chief Justice Manmohan asked the petitioner, 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 Bench, also comprising Justice Tushar Rao Gedela, remarked that the plea 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 told the petitioner’s counsel.
Disposing the plea, the Delhi HC 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.
The petition contended that the denial of admission to these children violated their fundamental right to education outlined under the Indian Constitution and the RTE Act, 2009.
It termed the MCD’s actions as “arbitrary and unlawful” to deny admission to Myanmar Rohingya refugee students on the grounds that they lack Aadhaar cards, bank accounts, and other documents, except for the refugee cards issued by the UNHRC.
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.
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