DU's passport rule for refugee challenged; Delhi HC seeks Centre's aid

The Delhi High Court has impleaded Union ministries in a plea by a Myanmar refugee challenging Delhi University's passport rule for admission. The court questioned how a refugee can be expected to have a passport and will hear the matter on July 20.

The Delhi High Court on Monday impleaded the Union of India, the Ministry of Home Affairs (MHA) and the Ministry of External Affairs (MEA) in a petition filed by a Myanmar national challenging the University of Delhi's requirement that foreign students possess a valid non-Indian passport for admission to undergraduate courses.

Justice Jasmeet Singh directed the newly impleaded respondents to assist the Court on the petitioner's status as a UNHCR-recognised refugee or asylum seeker, and whether, if he is recognised as an asylum seeker, he can be granted admission to the University of Delhi despite not possessing a passport. The matter has been listed for further hearing on July 20, 2026.

Court Questions DU's Passport Insistence

The petition has been filed by Henry Htoo Aung Lin through Advocates Ashok Aggarwal and Kumar Utkarsh. At the previous hearing, the Court had questioned Delhi University's insistence on a passport for a recognised refugee, asking, "How can you expect a passport from a refugee?" The University was directed to obtain instructions, and the matter was adjourned.

Plea Challenges 'Impossible Condition'

The plea challenges the passport requirement contained in Delhi University's Foreign Students' Registry (FSR) Admission Bulletin, contending that it unlawfully excludes recognised refugees who, by the very nature of their status, cannot obtain passports from the countries they fled due to persecution. The petitioner has sought directions to either strike down or read down the impugned condition and to direct the University to consider his application for admission under the Foreign Students' Category without insisting on production of a passport.

Petitioner's Background

According to the petition, Henry and his family fled Myanmar in 2022 due to political instability, violence and fear of persecution and have since been residing in India under the protection of the United Nations High Commissioner for Refugees (UNHCR). After completing his schooling in India, he applied for admission to Delhi University for the 2026-27 academic session through the Foreign Students' Registry on May 28, 2026. However, the University informed him that his application was incomplete because he had not submitted a passport. Despite making representations requesting that his UNHCR documentation be accepted in lieu of a passport, no relief was granted.

Arguments on Constitutional Rights and Discrimination

The petition contends that insisting on a passport imposes an impossible condition on recognised refugees, who cannot safely approach the authorities of the very country from which they have fled. It argues that the requirement violates Articles 14 and 21 of the Constitution by treating refugees on par with ordinary foreign nationals despite their distinct legal and humanitarian status.

The plea further submits that the University's own FSR Admission Bulletin recognises a UNHCR Refugee Certificate as one of the prescribed documents, making the simultaneous insistence on a national passport arbitrary and self-contradictory.

It also points out that the admission framework permits Tibetan nationals to rely on alternative documentation where passports are unavailable and argues that denying similar accommodation to UNHCR-recognised Myanmar refugees amounts to discrimination.

The petitioner states that his identity and educational qualifications stand established through UNHCR records and certificates issued by recognised Indian education boards. He completed Class X from the Mizoram Board of School Education and Class XII (Science) from the Meghalaya Board of School Education. (ANI)

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