GRENETH M. SANGMA Vs. UNION OF INDIA

JUDGEMENT

(1.) This public interest litigation (PIL) has been filed challenging the notification dtd. 31/10/2023 by which the State of Meghalaya has insisted that a child desirous of availing the benefit of financial assistance extended to the SC/ST students for the State who are not eligible for scholarships under the Government of India's Post Matric Scholarship Scheme for SC/STs and other scholarship schemes introduced by the Central and State governments would be required to furnish proof of possession of the Aadhaar number or undergo Aadhaar authentication.

(2.) This PIL was filed espousing the cause of various students who are unable to avail the said benefits by reason of their failure to produce the Aadhaar cards.

(3.) The learned counsel for the petitioner submitted that the Government of India, Ministry of Finance, Department of Revenue Central Board of Direct Taxes issued a press release on 12/5/2017, wherein the Commissioner of Income-Tax has stated in the press release that an individual residing, inter alia, in the State of Meghalaya are exempted from the requirement of Aadhaar card and therefore the Aadhaar card id is optional and not mandatory for the citizens who live in the State of Meghalaya and also would not be mandatory for the purpose of opening the bank account or for any other activities. Similar notifications issued by different government institutions on 8/2/2017, 27/2/2017 and 14/7/2017 have been referred to in the petition. It is submitted that despite the exemption from the requirement of Aadhaar card in the State of Meghalaya and despite the RTI report dtd. 7/10/2020, wherein it has been clarified that the requirement of Aadhaar card is not mandatory for the registration of births and deaths, the Secretary to the Government of Meghalaya, Education Department had issued the notification dtd. 31/10/2023 directing the student to obtain the Aadhaar card in order to receive these exemptions. It is submitted that the notification insisting that till Aadhaar card is assigned to the child, the benefit of the scheme shall not be given to the child is contrary to the judgment of the Hon'ble Supreme Court in K.S. Puttaswamy & ors v. Union of India & ors (2015) 8 SCC 735 and the subsequent judgment having the same cause title reported at (2015) 10 SCC 92, wherein same issue came up for consideration. The learned counsel for the petitioner has also referred to the recent judgment of the Supreme Court having the same cause title reported at (2019) 1 SCC 672 decided on 26/9/2018, paragraph 14 to contend that the privacy is founded on the autonomy of the individual and it is an essential condition for the exercise of most freedoms and upon insisting that a child is required to be enrolled first is against the spirit of the said judgment and the constitutional scheme of things.