No discrimination in education: Supreme Court on plea for schools to Rohingya refugees

On January 31, the top court asked the NGO to apprise the court where the Rohingya refugees have settled in the city and the facilities accessible to them. It also asked Gonsalves to file an affidavit indicating their places of settlement in Delhi.

New Delhi: The Supreme Court on Wednesday said in terms of education there can be no question of discrimination and every child is entitled to education, as it was dealing with a plea for granting admission of Rohingyas children to Delhi schools.

A bench of Justices Surya Kant and N Kotiswar Singh said though the court is considering the issue of education and it can also consider the issue of health. But first, this court must be satisfied where are they living and is it in public domain that these (Rohingyas) families’ are living here, the bench asked the counsel.

“In terms of education there is no question of discrimination. Every child will get admission, find out where they are living, in what capacity they are living. And, then what can be the effective mechanism to ensure that education is provided to them,” the bench senior advocate Colin Gonsalves, representing the NGO Rohingya Human Rights Initiative.

The counsel said he has filed an affidavit giving the details. He claimed that the Rohingya refugees have UNHCR (United Nations High Commissioner for Refugees) cards. Gonsalves said when UNHCR registers, they give the list to the police and the police carry out checks from time to time, and they are required to report.

“If they move out from one place and go to some other state, they are required to report,” he said.

The bench sought detailed information regarding Rohingyas from the senior counsel, to which he agreed.

The NGO sought a direction for quashing of a circular issued by the Delhi government in December 2024 prohibiting government schools from admitting children of Rohingya refugees.

During the hearing, the court indicated that it is not content with the affidavit filed by Gonsalves on the directions of the court to give a list of children of Rohingya refugees resident in the national capital only.

“What you have given is a list of children. Forget the children for the time being, first we want a list of parents. What you have given is a list of children. Give a list of parents, how are they living, where are they living, who is permitted to live etc please tell us about parents, if they are living in rooms, tell us who owns it,” the bench said.

"Give us a list of families’ colony-wise. Let us see what can be done”, the bench said.

Gonsalves sought time to reply in the matter. The court fixed the matter for further hearing after 10 days.

On January 31, Gonsalves contended before the bench that there are 1,050 Rohingya refugees in Delhi and they are majorly concentrated in areas like Shaheen Bagh and Khazuri Khas. The bench asked Gonsalves to bring on record a detailed affidavit, whether they are living in normal residences or they are confined to camps.