Rohingya Children Must Apply First, Seek HC if Rejected: SC Upholds Due Process on Their Education

In a significant legal development, the Supreme Court of India has ruled that Rohingya refugee children who meet school admission criteria in Delhi can challenge any denial of admission before the Delhi High Court. The ruling came as the Apex Court disposed of a petition filed by Social Jurist – A Civil Rights Group, which sought directions for granting school admission to Rohingya children in government schools across Delhi.

The Bench comprising Justices Surya Kant and N Kotiswar Singh stated that the appropriate course of action for such children would be to first apply to the respective government schools. If denied admission despite being eligible, they are at liberty to seek legal recourse in the Delhi High Court.

Supreme Court’s Ruling

• The Supreme Court disposed of the special leave petition (SLP) on February 17, 2025.
• The Bench stated: "The appropriate recourse for these children would be to apply to the Government Schools for which they are claiming themselves eligible, 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 liberty aforementioned, the special leave petition is disposed of."
• The Court did not pass any blanket order directing schools to admit Rohingya children but allowed them to seek redressal through the proper legal channels.

Affidavit on Rohingya Refugee Children’s Status

• Earlier, in January 2025, the Supreme Court had directed the petitioner NGO (Social Jurist) to submit an affidavit clarifying whether the Rohingya refugees were:
  1. Residing in makeshift camps, or
  2. Living in regular residential colonies.
• The petitioner submitted the affidavit, detailing 18 children eligible for school admissions, and mentioned that some of their siblings were already studying in Delhi’s government schools.

Observations by Justice Surya Kant

• Justice Kant pointed out that there was no government circular banning the admission of Rohingya children in Delhi schools.
• He remarked: "There is nothing, somebody will have to apply to the school... Go and apply... Show that you are a resident of that area... Based on that, law will take its own course."

Background of the Case

• The case originated from a Public Interest Litigation (PIL) filed by Social Jurist – A Civil Rights Group before the Delhi High Court.
• The petition sought directions for the Delhi Government and the Municipal Corporation of Delhi (MCD) to grant admission to all Myanmar Rohingya refugee children in schools near their residence.
• The petitioner argued that these children were being denied admission due to lack of Aadhaar cards.

Delhi High Court’s Stand

• The Delhi High Court had earlier disposed of the PIL, directing the petitioner to approach the Union Ministry of Home Affairs (MHA) for a policy decision.
• The High Court orally remarked that since Rohingyas are foreigners, their status and rights should be determined by the central government.
• The Court stated:
  "Let the government take a call on this, we can't... They will come in the mainstream. This is a policy domain, a policy decision to be taken by the government. Not for us to take a call... No country in the world will the court decide who is to be given citizenship. What you cannot do directly, you cannot do indirectly. That we cannot allow. And the court should not be a medium in this. Let the Government of India take a policy decision."

Petitioners' Appeal to Supreme Court

• Aggrieved by the Delhi High Court’s order, the petitioners approached the Supreme Court via SLP (C) No. 1895/2025.
• They sought an immediate directive for Delhi schools to grant admission to Rohingya children.
• The Supreme Court, however, ruled that no immediate intervention was necessary but allowed children to approach the Delhi HC if denied admission despite being eligible.

Case Title: SOCIAL JURIST A CIVIL RIGHTS GROUP Versus MUNICIPAL CORPORATION OF DELHI AND ANR., SLP(C) No. 1895/2025

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