Delhi HC seeks MCD's response on denial of RTE Act benefits to Afghan Refugee students

The Delhi High Court on Monday sought the Municipal Corporation of Delhi (MCD) and other respondents' responses on a Public Interest Litigation (PIL) moved by 46 Afghan Refugee students of a MCD run school in Jangpura on denial of Right to Education (RTE) Act benefits like uniforms, scholarships, etc on the alleged reason of non-opening of their Bank account. Petitioner Social Jurist, A Civil Rights Group, through Lawyer Ashok Aggarwal, stated that Afghanistan refugee students studying in MCD Primary School, Jangpura Extension, New Delhi, are deprived of Statutory monetary benefits as guaranteed to them under the Right of Children to Free and Compulsory Education Act, 2009, read with the Delhi Right of Children to Free and Compulsory Education Rules, 2011 on the alleged ground of non-opening of Bank accounts.

The bench of Justice Satish Chander Sharma and Justice Sanjeev Narula issued notice to all respondents in the matter and listed it for October 6, 2023, for further hearing. A plea was filed through Advocates Ashok Aggarwal and Kumar Utkarsh submitted that action on the part of respondents in depriving Afghanistan refugee students of Statutory benefits is arbitrary, unjust, malafide, discriminatory, unethical, anti-child, and violates the fundamental right to education.

The plea submitted that in the case of respondent Delhi Government and respondent MCD, in lieu of providing textbooks, writing material, and uniforms, money is transferred into the accounts of students. The relevant Rule 8 of the Delhi Right of Children to Free and Compulsory Education Rules, 2011. It further stated that respondent MCD Primary School, Jangpura Extension, New Delhi is having enrolment of 178 students. It is submitted that out of 178 there are 73 Afghanistan refugee students studying in the school. It is also submitted that all students of respondent MCD Primary School, Jangpura Extension are receiving Statutory monetary benefits through their Bank accont except 46 Afghanistan refugee students who don't have Bank Account.

Petitioner also added that the issue of depriving Afghanistan refugee students from of statutory monetary benefits on alleged ground of non-operation of Bank Account in absence of KYC or non-opening of Bank accounts was brought to respondent notice by the petitioner vide representation dated 19.08.2023 and reminder letter dated 01.09.2023. Through representation, it was suggested to provide cash to students in case there is problem in opening of Bank account or making it operational. However, nothing has been done so far. It is submitted that the money required to be paid to students is lying with MCD school.