SANJAY KISAN KAUL, J.

The writ petition, styled as a Public Interest Litigation, is filed by a Sri Lankan Tamil refugee. It is stated in the petition that the petitioner with his family was living in Mudur village at Sri Lanka and had to migrate to India on account of the prevalent situation. It is the case of the petitioner that he and similarly other persons have been living in India for the last 25 years (as on the date of filing of the petition). Their children have been studying in State Government schools, but their applications for engineering admissions have been rejected on the ground that they are not Indian citizens.

2. The petitioner seeks to invoke Article 21 of the Constitution of India and the International Convention/Treaty, as also the doctrine of Legitimate Expectations. The fact that India is not a signatory to the UN Refugee Convention of 1951 and 1967 is stated to make no difference. The prayer made is that Tamil refugees should be entitled to driving licences, bank accounts, movable articles, educational rights and immovable properties.

3. To support the contentions as urged in the petition, learned counsel has referred to the judgments of the Supreme Court in National Human Rights Commission v. State of Arunachal Pradesh, AIR 1996 SC 1234 and in Chairman, Railway Board v. Chandrima Das, (2000) 2 SCC 465 : (AIR 2000 SC 988).

4. On the other hand, the stand of the Government of India / 2nd respondent is that the refugees are being looked after and they are staying in camps. The Government of Tamil Nadu has permitted them to work locally between 6.00 a.m. to 6.00 p.m. to supplement the cash dole extended to them. They have been permitted to open bank accounts only to self-help group members and not for routing/diverting any foreign money, as that would fall foul of the regulations of Reserve Bank of India. The acquisition of immovable properties is stated to be impermissible without prior permission of the Reserve Bank of India. It is specifically stated that the Constitution of India is applicable only to the Indian citizens and not to a foreigner settled as refugee, by relying on the judgment of the Honble Supreme Court in Louis De Raedt v. Union of India, (1991) 3 SCC 554 : (AIR 1991 SC 1886). The Government of India concedes the right of a foreigner under Article 21 of the Constitution for life and liberty, but that would not include the right to reside and settle in this country. In view of the peculiar situation, the Sri Lankan refugees are being provided support.

5. The State Government has filed a separate affidavit setting out the facilities, which already stand extended to the refugees. The same, as set out in para 3 of the affidavit, reads as under:

3. The Government provides rice to the Refugees at the rate of 0.57 paise per kg. through the Fair Price shops whereas rice to the people living Below Poverty Line in Tamil Nadu is provided at the rate of Rs.1.00 per kg. In addition to the above, the Government provide the following facilities to the Sri Lankan camp refugees:

1) All the refugees residing in Refugee Camps are provided with necessary facilities such as accommodation, free electricity, drinking water, toilet facilities, basic health facilities, link-road facility and transport facility at free of cost and the same is administered by concerned Panchayat.

2) The Cash Doles are given to the Sri Lankan refugees in camps at the following rates as per Government of India, Ministry of Home Affairs, (FFR), New Delhi, vide Lr.No.3/4/2003/RHI/MD dated 11.7.2008 with effect from 1.8.2006.

Head of the Family : Rs.400/- p.m.

Other Adults : Rs.288/- p.m.

(12 years & above)

1st Child : Rs.180/- p.m.

Other children : Rs.90/- p.m.

3) Clothing materials are distributed every year free of cost.

4) Blankets are distributed to every adult once in two years.

5) Either items of utensils are supplied to the camp refugees once in two years free of cost.

6) Free education upto Plus Two level with free Te