The Delhi High Court declined to challenge the city government’s decision to require a child to provide an Aadhaar card in order for them to be admitted to private or unaided schools.
The Delhi government’s appeal of a single-judge court’s interim ruling was denied by a bench presided over by Chief Justice Satish Chandra Sharma, who also ruled that the requirement seemed to violate constitutional protections for privacy.
In an order issued last week, the bench, which also included Justice Sanjeev Narula, stated that the issue of obtaining sensitive personal information about a child “would have the potential to infringe their right to privacy under Article 21 of the Constitution of India.”
The Argument!!
It was observed that the Supreme Court had argued that any restriction on Aadhaar submission would violate the fundamental rights protected by Article 21 and could not be justified by the Constitution.
The court stated, “It would therefore be sufficient to state that the contested circulars are presumptively at odds with the constitutional provisions, the effect of which has rightly been stayed by the learned single judge.”
The Delhi government mandated the need for an Aadhaar card or number for admission to private unaided recognized schools in the national capital under the EWS, DG, and CWSN categories by circulars issued on July 12, 2022, and February 2, 2023.
The court stated that the appeal had no merit and that the sole judge had not yet made up her mind about the petition. “Dismissed, along with other pending applications,” it concluded.
Santosh Kumar Tripathi, the Delhi government’s standing counsel, said that the court failed to comprehend the spirit and goals underlying the circulars in an appeal against the single judge’s decision made on July 27.
What Is The Demand For An Aadhaar Card?
The demand for an Aadhaar card, according to him, was a policy initiative created to modernize the admissions process for the EWS and DG categories in entry-level courses in private, unaided, recognized schools. It served the practical purpose of preventing duplicate applications.
Furthermore, it was stated that requiring an Aadhaar card protected against fraudulent applications and admissions based on fictitious identities rather than violating a child’s entitlement to free and compulsory education.
The government attorney further stated that the authorities had no plans to jeopardize the candidates’ security or privacy. Pre-Budget meetings will begin with the Finance Ministry on October 10.
