Aadhaar not mandatory for admission of economically weaker students: Delhi High Court
Delhi High Court has stated that an Aadhaar card is not mandatory for the admission of children from economically weaker sections (EWS).
New Delhi: In a recent development, the Delhi High Court has upheld a crucial decision, stating that an Aadhaar card is not mandatory for the admission of children from economically weaker sections (EWS), disadvantaged groups (DG), and children with special needs (CWSN) in private unaided recognized schools. This ruling comes in response to the Delhi government’s directive mandating the submission of an Aadhaar card for admission under these categories.
A bench led by Chief Justice Satish Chandra Sharma dismissed an appeal by the Delhi government challenging an interim order by a single-judge bench. The bench expressed concern that the mandatory requirement of Aadhaar cards could potentially infringe upon a child’s right to privacy, as enshrined in Article 21 of the Indian Constitution.
The court cited the Supreme Court’s previous stance, emphasizing that making Aadhaar submission mandatory could violate fundamental rights protected by Article 21 and cannot be constitutionally justified. The interim order had been issued on a petition by a parent whose child was unable to participate in a school seat allocation scheme due to the lack of an Aadhaar card.
The Delhi government, through circulars issued in July 2022 and February 2023, had made it obligatory to furnish an Aadhaar card or number for admission to private unaided recognized schools in the national capital under EWS, DG and CWSN.