Shillong, July 22: The Meghalaya High Court on Monday has issued an interim order stating that the non-possession of an Aadhaar card or number cannot disqualify eligible Scheduled Tribe (ST) or Scheduled Caste (SC) students from availing benefits under post-matric scholarship schemes or related financial assistance in the state.
The directive comes in response to a Public Interest Litigation (PIL) filed by Greneth M. Sangma, which challenged a government notification dated October 31, 2023 that mandated Aadhaar for accessing the “Fees Compensation for Post Matric Scholarship for SC/ST Students” and other financial aid for ST/SC students not covered under other schemes.
The division bench comprising Chief Justice I.P. Mukerji and Justice W. Diengdoh noted that, based on preliminary scrutiny of the Aadhaar Act, 2016, while the government may seek Aadhaar for identification, the proviso to Section 7 of the Act clearly states that alternate means of identification must be accepted if Aadhaar is not available.
Quoting the Act, the bench observed, “If an individual is unable to produce the Aadhaar number or card or is unwilling to obtain Aadhaar registration, then he would have to prove his identity as a resident in terms of the said Act from other recognised documents like pan card, voter card, passport and so on to the satisfaction of the State authorities.”
The Court clarified that while the State is free to request Aadhaar for faster verification, no eligible applicant should be denied benefits due to its absence.
The bench directed that alternate valid identification documents must be accepted until the matter is fully adjudicated.
The case has been listed for further hearing on August 12, during which the court will examine the Aadhaar Act in depth, alongside Supreme Court judgments including K.S. Puttaswamy vs Union of India (2015 and 2019 rulings), which underscore the right to privacy and restrictions on making Aadhaar mandatory.
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