Aadhaar not mandatory for SC/STstudents to avail scholarship: M’laya HC

The division bench of the Meghalaya High Court has ruled that production of Aadhaar card will not be applicable for Scheduled Caste (SC) and Scheduled Tribe (ST) students, up to the age of 18 years, to avail the post-matric scholarships in the state.
However, the court said that candidate would be required to prove his identity as a resident including birth certificate and any other reliable authenticated documents if called for by the authorities in processing their claim for scholarship.
The bench comprising Chief Justice Soumen Sen and Justice Wanlura Diengdoh issued the order on Thursday while disposing a PIL that challenged a state government notification dated October 31, 2023, which made Aadhaar mandatory for students seeking financial assistance under state scholarship schemes,
The PIL was filed by social activist Greneth Sangma espousing the cause of various students who are unable to avail the said benefits by reason of their failure to produce the Aadhaar cards.
Sangma’s legal counsel 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.
Moreover, the petitioner said Aadhaar card is optional and not mandatory for the citizens who live in the State of Meghalaya and also would not be mandatory for the purpose of opening the bank account or for any other activities.
The Deputy Solicitor General appearing for the Union of India has 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,” the bench noted.
Moreover, the apex court has arrived at the conclusion that the enrolment of Aadhaar card is in respect of the under privileged and marginalised section of the society and in order to avail 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 to get such benefits,” the court said.
“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 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 bench stated in its order.