The Delhi High Court has ensured that 46 Afghan refugee students residing in Delhi will receive the benefits under the Samagra Shiksha Scheme of the Union Ministry of Education, even though they do not have bank accounts.

A bench comprising Acting Chief Justice Manmohan and Justice Manmeet Pritam Singh Arora disposed of the Public Interest Litigation (PIL) filed by a civil rights group Social Jurist by ordering that the monetary benefits under the Scheme be transferred to the Bank Account of the concerned MCD School, which will then issue bearers cheques to the refugee students.

Advocate Ashok Agarwal appeared for the Petitioner while CGSC Kirtiman Singh, Advocates Beenashaw N. Soni, Chandra Prakash, Ramesh Babu MR and Santosh Tripathi appeared for the respondents.

Samagra Shiksha Scheme (Scheme) launched by the Ministry of Education is an integrated scheme for school education applicable from pre-primary to senior secondary classes. As per the order, the scheme aligning with the RTE Act 2009 and the National Education Policy 2020, provides for a Direct Bank Transfer (DBT) of funds to students for essential items such as textbooks, uniforms for establishing an educational setting that ensures access to high-quality education and fosters equity and inclusivity, vital for the holistic development of students.

The PIL highlighted the denial of the said benefits to the 46 Afghan refugee students enrolled in the Municipal Corporation of Delhi (MCD) run school in Jangpura area.

The petitioner alleged that the students were being deprived of the monetary benefits as they did not have bank accounts. "The students are children of Afghanistan refugees and are foreign nationals and are therefore unable to open a bank account in their names", the Court noted.

The Court noted that the Reserve Bank of India and the Overseas Bank, also the Respondents in the case, have expressed difficulty in opening bank accounts of the students.

Keeping in mind the situation and an agreement reached between all parties, the Court allowed that the monetary benefits in favour of the students be disbursed in the bank account of the MCD Primary School, Jangpura Extension, New Delhi and the school shall issue ‘bearer cheque’ in the name of the concerned student.

Case Title: Social Jurist, A Civil Rights Group vs Municipal Corporation Of Delhi & Ors.

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