'Tell Us Where Rohingya Families Live' : Supreme Court In Plea Seeking Admission For Rohingya Children In Local Schools

In a petition seeking admission for Rohingya refugee children in local schools, the Supreme Court today called on the petitioner (an NGO) to file an affidavit stating whether the Rohingya refugees are confined in make-shift camps or living in regular residential colonies.

A bench of Justices Surya Kant and N Kotiswar Singh passed the order in a plea filed by Social Jurist-A Civil Rights Group, challenging Delhi High Court's dismissal of similar prayer on the basis that it is for the Centre to take a call on the issue.

During the hearing, counsel for the petitioner-NGO contended that the petitioner was merely seeking education facilities for the "vulnerable" Rohingya refugee children. In response, Justice Kant probed as to where the Rohingya families were living, because if they are situated in confined camps and the children are allowed to move out for going to schools, then their guardians would also naturally follow.

"Show us the averment that where are they living...where are their addresses, where are their ration cards...you are asking for directions that they should be admitted in schools...you want to take them out of camps...once they are taken out of the camps, then obviously their guardians will also [follow]...", said the judge.

The petitioner's counsel replied that the Rohingya families are living in regular residential colonies, and not confined camps. Asking the counsel to file an affidavit to that affect, Justice Kant said,

"Show us that they are living in routine regular residential area, then your point will require consideration...and if they are confined in camps, still your point will require consideration, but in a different manner. Then you should ask for providing education facilities inside that camp."

The matter has been listed after 2 weeks.

Briefly put, the petitioner filed a PIL before the Delhi High Court seeking directions to the Delhi government and the Municipal Corporation of Delhi to grant admission to all Myanmar Rohingya refugee children in schools near their residence. It was claimed that the Delhi government and the MCD were not granting admissions to these children in their schools for want of Aadhaar cards.

While noting that Rohingyas are foreigners who have not been officially or legally granted entry into India, the High Court disposed of the PIL asking the petitioner to approach the Union Ministry of Home Affairs with a representation which shall be decided expeditiously. It was orally observed that the matter involved international issues having "ramifications on security and citizenship" and was a policy decision required to be taken by the government.

"Let the government take a call on this, we cant...They will come in the mainstream. This is a policy domain, policy decision to be taken by the government. Not for us to a take a call...No country in the world, will the court decide who is to be given citizenship. What you cannot be 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," the Court said orally.

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

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