The Delhi High Court on Tuesday refused to entertain a petition seeking directions to allow admissions of children of Rohingya refugees in local schools. The high court refused to interfere with what it said fell under the Centre's domain and asked the petitioner to make a representation to the Union Ministry of Home Affairs.
The court took a view that allowing school admissions would mean including the foreign nationals in the mainstream, which could not be facilitated by the court.
"They will come into the mainstream. We cannot allow this. This is a policy domain. Let the policy decision be taken by the government. It is not for us to take a call. Let the ministry take the call," the high court said.
A divisional bench comprising Chief Justice Manmohan and Justice Tushar Rao Gedela held that the matter of admissions of the Rohingya children pertained to international issues which would have ramifications on security and nationality.
The PIL was moved by an NGO which contended that the Delhi government and the MCD were not allowing admissions to these Rohinya children from Myanmar due to lack of Aadhar card. The PIL was filed for admissions to 17 Rohingya children living in Khajoori Chowk area.
Though the high court refused to interfere in the matter, it said that the petitioner's representation should be decided by the authorities as expeditiously as possible.
The court observed that Rohingyas were foreigners who were not granted a legal entry into India.
The high court asked petitioner NGO how they could think of facilitating them when the Assam law says that all those who have illegally entered beyond a cutoff date will be deported.
"And here you are facilitating them? Tomorrow you will have a situation where they will have to be expelled. We can't get into this. Let the government take a call on this," the bench remarked.
It may be recalled that the Supreme Court in a recent judgment has upheld the constitutional validity of Section 6A of the Citizenship Act, 1955 with 4:1 majority. The top court by upholding Section 6A has affirmed March 24, 1971 as the cut-off date for entry into the state, making those people who entered the state after that date “illegal immigrants”.
The apex court declared that those who have entered Assam from Bangladesh on or after March 25, 1971 are all illegal immigrants, who must be identified and deported.
The NGO had submitted in the high court that children of Rohingya refugees should be allowed to study in local schools as the right to education is a fundamental right under the Constitution of India.
The bench further said that courts in no other country decided citizenship matters and something that couldn't be done directly, shouldn't be permitted indirectly.