Delhi HC impleads the Union of India, MHA, and MEA in a Myanmar student’s plea against DU’s rule requiring foreign applicants to hold a non-Indian passport.
The Delhi High Court has widened a legal battle over Delhi University’s admission rules, bringing the central government into a case filed by a Myanmar national challenging DU’s insistence on holding a non-Indian passport for foreign student admissions.
Upon hearing the matter on Monday, the court added the Union of India, the Ministry of Home Affairs, and the Ministry of External Affairs as parties. Justice Jasmeet Singh asked the ministries to help clarify whether the petitioner qualifies as a UNHCR-recognised refugee or asylum seeker, and if so, whether he could still be admitted without a passport. The case returns to court on July 20.
The petition, moved by Henry Htoo Aung Lin through advocates Ashok Aggarwal and Kumar Utkarsh, challenges a clause in DU’s Foreign Students’ Registry Admission Bulletin making a valid non-Indian passport mandatory for undergraduate admission. It argues no recognised refugee can realistically meet this condition, since fleeing persecution rules out safely approaching one’s home government for travel documents.
Henry and his family left Myanmar in 2022 amid political unrest and fear of persecution, and have since lived in India under UNHCR protection, the plea states. After finishing school here, he applied to DU for the 2026-27 session through the foreign students’ quota in May, but was told his application was incomplete for lack of a passport; requests to submit UNHCR documentation instead were turned down.
The petition notes that DU’s own admissions bulletin lists a UNHCR Refugee Certificate as valid documentation, rendering the added passport requirement contradictory. It also cites Tibetan students, who may use alternative documents when passports are unavailable, arguing that denying similar flexibility to Myanmar refugees is discriminatory. The plea alleges a violation of Articles 14 and 21 of the Constitution and seeks either the striking down or relaxation of the clause.
The bench has questioned DU’s stance before. At an earlier hearing, the court reportedly asked how the university could expect a passport from someone with refugee status, before directing DU to seek instructions and adjourning the matter.
Henry completed Class X from the Mizoram Board of School Education and Class XII from the Meghalaya Board of School Education, and says his identity and academic record are verifiable through these boards and his UNHCR documentation.
Kaustubh Dwivedi
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