The Supreme Court today disposed of a petition seeking school admission for Rohingya refugee children in Delhi, stating that the appropriate course of action would be for the children to first apply to the relevant government schools where they claim eligibility.

If admission is denied despite their eligibility, they would have the liberty to approach the Delhi High Court, the Court observed.

A bench of Justices Surya Kant and N Kotiswar Singh passed the order, stating, "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."

In January this year, the Court had directed the petitioner-NGO to submit an affidavit clarifying whether the Rohingya refugees were residing in makeshift camps or regular residential colonies.  

In response, an affidavit was filed, providing details of 18 children claimed to be eligible for school admission. It also noted that some of these children's siblings were already enrolled in government schools in Delhi.

Based on the affidavit, the Court issued its order today. During the hearing, Justice Kant observed that no circular was placed before the Court indicating a ban on the admission of Rohingya refugee children in Delhi schools.

"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", the judge said.

The petitioner, Social Jurist – A Civil Rights Group, filed a PIL before the Delhi High Court seeking directions to the Delhi government and the Municipal Corporation of Delhi (MCD) to ensure admission of all Myanmar Rohingya refugee children in schools near their residence. It was alleged that these children were being denied admission due to the lack of Aadhaar cards.

While acknowledging that Rohingyas are foreigners who have not been officially or legally granted entry into India, the High Court disposed of the PIL, advising the petitioner to approach the Union Ministry of Home Affairs with a representation. The Court stated that the matter involved international issues with "ramifications on security and citizenship" and emphasized that it was a policy decision that needed to be made 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.

Aggrieved by the High Court order, the petitioner approached the Supreme Court.

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