The first bench comprising Chief Justice Sanjay Kishan Kaul and Justice T S Sivagnanam put the question to the Centre on Wednesday while hearing a petition seeking MBBS admission for a Tamil refugee girl who had scored 1170 (out of 1200) in Class 12 last year. She was denied admission solely on the ground that she was a Lankan refugee.
The bench pointed out that the Centre had told the court that it had a provision to admit foreign students from 'friendly' countries such as Sri Lanka under self-financing scheme, but Sri Lankan refugees do not enjoy such a facility.
On May 8, 2015, the ministry of external affairs wrote to the Union home ministry saying ministry of human resources development offers some MBBS seats to foreign students from friendly countries, including Sri Lanka, under self-financing scheme. However, children of refugees are not entitled for admission under the scheme, it had said.
The judges said the petition ought to have been treated as a request for making a provision for the children of refugees.
After additional solicitor-general of India G Rajagopal sought a week's time to obtain clear instructions as to the intent of the Centre and ascertain whether it was inclined to make ay provision for the Sri Lankan refugees, the judges posted the matter to June 26, saying: "It may be kept in mind that the case relates to a child of a Sri Lankan refugee, who is born and educated in India."
The matter came to the court's notice after TOI's Coimbatore edition published a news item highlighting the plight of T Nandini, whose parents came from Jaffna in Sri Lanka to Tamil Nadu as refugees in 1990. Nandini was born at Arachalur refugee camp in Erode district. She wanted to join MBBS course at Government Kilpauk Medical College in Chennai.
-TOI