EWS Admission Relief: Delhi HC Asserts Aadhaar Not a Requirement for Private School Entry

The Delhi High Court has upheld an interim order suspending the enforcement of the Delhi government's decision that made it mandatory for a child's Aadhaar card to be furnished for admission to a private unaided recognized school under the economically weaker section (EWS), disadvantaged group (DG), and children with special needs (CWSN) categories. The court cited concerns about privacy and constitutional provisions as the basis for its decision.

Background:

• Interim Suspension: The interim order suspending the enforcement of the Aadhaar requirement was issued by a single-judge bench in response to a petition filed by a parent. The parent alleged that their child was unable to participate in the computerized lottery scheme for school seat allocation in the 2023 academic year due to a lack of an Aadhaar card.

• Delhi Government's Mandate: The Delhi government had issued circulars on July 12, 2022, and February 2, 2023, mandating the submission of Aadhaar cards or Aadhaar numbers for admission to private unaided recognized schools in Delhi under the EWS, DG, and CWSN categories.

High Court's Ruling:

• Constitutional Conflict: The High Court, led by Chief Justice Satish Chandra Sharma, dismissed the Delhi government's appeal against the interim order. It noted that the requirement for Aadhaar cards prima facie conflicts with constitutional provisions pertaining to privacy.

• Right to Privacy: The court emphasized that obtaining sensitive personal details of a child, as highlighted in the Supreme Court's K.S. Puttaswamy case, has the potential to infringe upon the child's right to privacy under Article 21 of the Indian Constitution.

• Supreme Court Precedent: The High Court pointed out that the Supreme Court has previously asserted that making Aadhaar submission mandatory can contravene fundamental rights protected by Article 21 and cannot be constitutionally justified.

• Interim Stay Valid: The court concluded that the interim order rightly suspended the effect of the impugned circulars issued by the Delhi government, pending a final view by the single judge who initially heard the case.

Government's Arguments:

In its appeal against the single judge's order, the Delhi government contended that the judge did not fully grasp the intent and objectives behind the circulars.

• Practical Purpose: The government argued that the Aadhaar card requirement aimed to eliminate duplicate applications and modernize the admission process for EWS and DG categories in private unaided recognized schools.

• Fraud Prevention: It asserted that the Aadhaar mandate was meant to safeguard against fraudulent applications and admissions based on false identities and did not violate a child's right to free and compulsory education.

• Privacy Assurance: The government clarified that its intention was not to compromise the privacy or security of the candidates.

The Delhi High Court's decision to uphold the suspension of the Aadhaar requirement for school admissions in EWS, DG, and CWSN categories reflects the court's concern for privacy and constitutional provisions. While the interim order remains in place, the final outcome of the case is yet to be determined by the single judge. This ruling underscores the importance of balancing practical considerations with individual privacy rights in government policies.