Delhi HC Seeks Responses on Plea Seeking RTE Act Benefits to Afghan Refugee Students

The Delhi High Court on Monday sought responses from the Municipal Corporation of Delhi (MCD) and other concerned parties regarding a Public Interest Litigation (PIL) filed by 46 Afghan refugee students attending an MCD-run school in Jangpura.

The PIL addresses the denial of benefits under the Right to Education (RTE) Act, such as uniforms and scholarships, to these students allegedly due to issues related to the opening of their bank accounts.

The petitioner, Social Jurist, a civil rights group represented by lawyer Ashok Aggarwal, argued that Afghan refugee students in the MCD Primary School, Jangpura Extension, New Delhi, have been deprived of statutory financial benefits guaranteed to them by the Right of Children to Free and Compulsory Education Act, 2009, in conjunction with the Delhi Right of Children to Free and Compulsory Education Rules, 2011. This deprivation is said to be based on the alleged failure to open bank accounts for these students.

A bench comprising Justice Satish Chandra Sharma and Justice Sanjeev Narula has issued notices to all the respondents and scheduled the case for further hearing on October 6, 2023.

The plea, filed by advocates Ashok Aggarwal and Kumar Utkarsh, contends that the actions of the respondents in denying statutory benefits to Afghan refugee students are arbitrary, unjust, malicious, discriminatory, unethical, anti-child, and in violation of the fundamental right to education.

The plea highlights that instead of providing textbooks, writing materials, and uniforms to students, the Delhi Government and the MCD transfer money to students’ accounts, as per Rule 8 of the Delhi Right of Children to Free and Compulsory Education Rules, 2011.

Furthermore, it points out that out of the 178 students enrolled at the MCD Primary School, Jangpura Extension, 73 are Afghan refugee students. While all other students receive statutory monetary benefits through their bank accounts, 46 Afghan refugee students do not have bank accounts.

The petitioner has also informed the respondents about this issue through representations dated August 19, 2023, and a reminder letter dated September 1, 2023. They suggested providing cash to students if there are difficulties in opening or activating bank accounts. However, no action has been taken thus far, and the required funds remain with the MCD school.