TAMIL NADU PRIMARY SCHOOL TEACHERS FEDERATION, CHENNAI Vs. HOME SECRETARY, GOVERNMENT OF INDIA, NEW DELHI AND ORS.

JUDGEMENT

(1.) The petitioner is the General Secretary of Tamil Nadu Primary School Teachers Federation. He has prayed for a writ of mandamus to forbear the Respondents from taking the service of the Elementary Teachers of the Directorate of Elementary Education for the work of updating of National Population Register (NPR) & Seeding of Aadhar Number in the NPR database.

(2.) Heard Mr.T.Lajapathi Roy, learned counsel for the petitioner, Mr.G.R.Swaminathan, learned Assistant Solicitor General of India for respondents 1 and 2 and Mr.VR.Shanmuganathan, learned Special Government Pleader for respondents 3 to 6.

(3.) It is the contention of learned counsel for the petitioner that the members of the petitioner Federation, namely, Primary School Teachers are being required to update the National Population Register (NPR) and effect, seeding of Aadhaar numbers in the NPR database, an exercise presently on. Learned counsel submitted that census is to be conducted on a decennial basis. The prior census has been conducted in the year 2011. The next exercise should be only of the year 2021. The members of the petitioner Federation are being required to enter Aadhaar Card details in the course of the exercise. Doing so, runs contra the decision of the Hon'ble Supreme Court in Writ Petition (Civil) No.494 of 2012 dated 11.08.2015, which has informed that holding of Aadhaar Card cannot be mandatory. Hon'ble Supreme Court has further directed that wide publication of such position is to be caused by Union of India. Learned counsel further submitted that the requirement placed on the members of the petitioner Federation violates Section 27 of the Right of Children to Free and Compulsory Education Act, 2009.