PIL Filed In Supreme Court For Grant Of School Admissions, Govt Benefits To Rohingya Families

A public interest litigation has been initiated before the Supreme Court seeking grant of school admissions and government benefits to Rohingya refugee families without insistence on Aadhaar cards and irrespective of citizenship status.The matter was listed today before a bench of Justices Surya Kant and N Kotiswar Singh, which posted it on February 10, asking the petitioner to provide information regarding the residential status of the Rohingya refugee families.During the hearing, Senior Advocate Colin Gonsalves (for petitioner) informed the Court that the PIL seeks a direction to respondent-authorities to grant admission to all Rohingya children free of cost whether or not the family has an Aadhar card and to allow children to participate in all examinations including 10th, 12th and graduation without government insistence on Aadhaar card."They are refugees, they can't have Aadhaar cards. So they are stopped from examinations, from entering into schools and in public hospitals", he submitted.Further, taking the Court through the prayer clause, the senior counsel underlined that the PIL also seeks extension of all government benefits of education, free health services in government hospitals, subsidized food in PDS shops as available to Antyodya Anna Yojana (poorest of the poor) category, benefits under the Food Security Act, 2013 such as services in the Aanganwadis, etc. to Rohingya families as are available to other citizens, irrespective of citizenship. Gonsalves additionally drew the Court's attention to Union of India's stance in earlier matters that Rohingyas have a right to go to public schools and public hospitals. At this point, Justice Kant asked as to why the petitioner can't approach the Delhi High Court, when its prayers are restricted to Delhi. Gonsalves answered the same by pointing out that three similar petitions are pending before the Court, which have been admitted and wherein counter-affidavits have been filed.On a query as to where the Rohingya refugee families are situated, the senior counsel informed that insofar as Delhi is concerned, they are living in Shaheen Bagh, Kalindi Kunj and Khajuri Khas. When Justice Kant probed whether they are living in government camps or residential areas, Gonsalves replied, "they are in residential areas (slums) in Shaheen Bagh and Kalindi Kunj...in Khajuri Khas, they are in rented accommodation...".Subsequently, Justice Kant referred to another matter involving similar prayers, where the Court has sought clarification from the petitioner on the residential status of Rohingyas. In response, Gonsalves drew distinction between Rohingyas and Rohingya refugees, saying that the latter have UNHCR (United Nations High Commissioner for Refugees) cards. "Rohingyas may be in camps. These are Rohingya refugees, who have UNHCR card. Once they have UNHCR card, they are let go. They can go anywhere in the country...they are in Hyderabad, Jammu...", he pleaded.The bench however noted that there was no factual averment in the petition regarding the residential status of Rohingya refugee families in Delhi, with respect to whom reliefs were sought. Stressing on the importance of the residential status of said families, Justice Kant said, "from there only right to education will flow". The judge also mentioned that even if Rohingya children are in camps, education must be provided, however the mechanism for the same would be different.Ultimately, the matter was adjourned to enable the petitioner to furnish information regarding the residential status of the Rohingya refugee families in Delhi.Case Title: ROHINGYA HUMAN RIGHTS INITIATIVE (ROHRINGYA) AND ORS. Versus GOVERNMENT OF NCT OF DELHI AND ORS., W.P.(C) No. 57/2025 Click Here To Read/Download Order

PIL Filed In Supreme Court For Grant Of School Admissions, Govt Benefits To Rohingya Families

Debby Jain

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