The Delhi High Court on Tuesday refused to entertain
a plea seeking directions to enrol Rohingya refugee children in local schools,
saying it was the Centre's domain.
A bench comprising Chief Justice Manmohan and
Justice Tushar Rao Gedela said the matter pertained to "international
issues" having ramifications on security and nationality, and therefore,
the petitioner should make a representation to the Union Ministry of Home
Affairs.
Petitioner NGO, Social Jurist, submitted the Delhi
government and the MCD were not granting admissions to these children from
Myanmar in their schools for want of an Aadhaar card.
The court said the petitioner's representation would
be decided by the authorities as expeditiously as possible.
"Let (Ministry of) Home Affairs (MHA) take a
call on this. There are a lot of issues involved. We can't get involved. Let it
go to the MHA," the bench said.
The court observed "Rohingyas were
foreigners" who hadn't been "officially and legally granted entry
into India".
While disposing of the plea, the court directed the
petitioner to make a representation to the MHA, "which will decide the
same in accordance with law as expeditiously as possible".
The bench referred to the law in Assam saying all
foreigners there will be expelled beyond a cut-off date. "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," it remarked.
Advocate Ashok Agarwal, appearing for the
petitioner, contended Rohingya children should be allowed to study in local
schools pursuant to the right to education under the Constitution of India.
The bench, however, observed permitting school
admissions would allow the foreign nationals to join the mainstream, which
could not be facilitated by the court.
The court further observed, "They will come in
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 bench opined courts in no other country
decided on matters of citizenship and something that couldn't be done directly,
shouldn't be permitted indirectly.
After Agarwal emphasised on Article 21A of the
Constitution speaking of "children" and not an Indian citizen, the
court asked him "not to get carried away".
"We are not taking the responsibility of the
entire (world)..Then you will say open schools in Africa also. Let us not get
carried away," the court said.
The PIL, besides raising the issue of admissions to
17 Rohingya children living in Khajoori Chowk area, also said Delhi authorities
were not granting statutory benefits to those students who were already
studying in their schools.