By Our Reporter
SHILLONG, Oct 30: The High Court of Meghalaya has ruled that the October 31, 2023 notification of the state government, insisting on the production of Aadhaar card to avail of the benefit of post-matric scholarship scheme, will not be applicable to the SC/ST students of the state up to the post-matriculation level (up to the age of 18 years).
A division bench, comprising Chief Justice Soumen Sen and Justice Wanlura Diengdoh, issued the order on Wednesday after hearing a PIL that challenged the government notification.
The government had insisted that children willing to avail of the benefit of financial assistance extended to the SC/ST students, 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.
While disposing of the PIL, the court stated that the candidate would be required to prove identity as a resident, including birth certificate and any other reliable authenticated document if called for by the authorities while processing claims for scholarship.
The PIL was filed as many students were unable to avail of the benefit for failing to produce the Aadhaar card.
The counsel for the petitioner earlier submitted that the Government of India, Ministry of Finance, Department of Revenue Central Board of Direct Taxes, had issued a press release on May 12, 2017 wherein the Commissioner of Income Tax stated that an individual residing, inter alia, in Meghalaya is exempted from the requirement of Aadhaar card.
The petitioner argued that the Aadhaar card ID is optional for the citizens who live in Meghalaya and it would not be mandatory for the purpose of opening a bank account or for any other activities.
Similar notifications issued by different government institutions were referred to in the petition. It was submitted that despite the exemption from the requirement of Aadhaar card in Meghalaya and despite an RTI report dated 07.10.2020, wherein it was clarified that Aadhaar card requirement is not mandatory for the registration of births and deaths, the Secretary to the Government of Meghalaya, Education Department, had issued the notification directing the students to obtain the Aadhaar card.
The petitioner further submitted that the insistence that till Aadhaar card is assigned to the child, the benefit of the scheme will not be given is contrary to a Supreme Court judgment.
The Deputy Solicitor General appearing for the Union of India referred to Section 7 of the Aadhaar (Targeted Delivery of Financial and Other Subsidies, Benefits and Services) Act, 2016 and submitted that the proviso to Section 7 has not been declared to be ultra vires. It is a welfare legislation and the Supreme Court found that the information collected at the time of enrolment as well as authentication is minimum.
Moreover, the apex court arrived at the conclusion that the enrolment of Aadhaar card is in respect of the underprivileged and marginalised section of the society and in order to avail of the welfare scheme of the government which actually would empower them, the said Section was designed to take the benefit of the technology for ensuring good governance in a social welfare state. The entire aim behind insisting compliance of such formalities is to ensure that the deserving persons get such benefits.
“We have read the judgments carefully and the impugned notification. While for the purpose of availing subsidies and other similar benefits paid out of the consolidated fund, compliance of Section 7 was held to be necessary. However, at the same time, the Hon’ble Supreme Court has recorded the statement of the Attorney General that no deserving person would be denied the benefit of a scheme on the failure of authentication…” the order of the High Court bench said.
“…the notification as far as it insists the production of Aadhaar card shall not be applicable to the SC/ST students of the state up to the post-matriculation level…for the post-matric scholarship scheme,” the order further said.
It added that a candidate would be required to prove his identity as a resident by furnishing documents, including birth certificate and any other reliable authenticated documents, if called for by authorities in processing their claim for scholarship.
