A Myanmar refugee has approached the Delhi High Court challenging Delhi University’s passport requirement for foreign admissions, arguing that the rule excludes UNHCR-recognised refugees from accessing higher education.
Delhi University’s admission policy for foreign students is under judicial scrutiny after a Myanmar refugee approached the Delhi High Court, challenging the requirement that applicants possess a non-Indian passport to seek admission under the Foreign Students Registry (FSR). The petition argues that the rule unfairly excludes refugees who have fled their home countries and are therefore unable to obtain travel documents from the countries they were forced to flee.
Petitioner Henry Htoo Aung Lin and his family fled Myanmar due to the political instability, which created aggravated fear in the hearts of many in Myanmar. These refugees have been living in India under protection from the UN High Commissioner for Refugees (UNHCR) since 2022. Since then, he has completed his schooling in India, and now hopes to secure admission to an undergraduate programme at Delhi University under the foreign students category.
At the heart of the plea is Delhi University’s FSR admission bulletin, which mandates a valid non-Indian passport as a prerequisite for admission. The petitioner requests that his UNHCR documents be accepted in their place and asks the High Court to strike down this requirement.
There exists a contradiction in the FSR framework. While Tibetan nationals without passports are permitted to rely on alternative documents such as Registration Certificates, no similar provision exists for UNHCR-recognised refugees from Myanmar. This creates an inconsistency which amounts to unequal treatment.
The petition argues that the passport requirement overlooks the petitioner’s academic eligibility, as he has produced certificates proving his completion of Class X from the Mizoram Board of School Education and Class XII from the Meghalaya Board of School Education, establishing that he has fulfilled the academic requirements for admission. It further states that any discrepancies in his name or date of birth are merely clerical errors and do not affect his identity.
Invoking Articles 14 and 21 of the Constitution, the petition argues that the passport requirement is discriminatory and deprives recognised refugees of equal access to higher education and the dignity that comes with it. It also invokes the legal maxim lex non cogit ad impossibilia, which is understood as “the law does not compel a person to perform an impossible act,” contending that refugees cannot be required to produce documents they simply cannot obtain.
The matter is currently pending before the Court, which has sought responses from Delhi University and the concerned authorities before taking up the petition for further consideration.
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Image Source: Foreign Students’ Registry
Ahana Dey