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Aadhaar Number Not Compulsory For NEET Registration And Other Examinations - SC Judgement

Posted By Admin on March 10, 2018

 

Aadhaar Number Not Compulsory For NEET Registration And Other Examinations - SC Judgement

 

In an important Judgement on 7th March 2018, the Supreme Court cleared that Aadhaar is not mandatory for registration for NEET or any other national examinations. The Candidates can use other ID proof like Voter ID, Passport, Driving License, Bank Account book for the purpose of registration. 

During the hearing of Aadhaar Case, the Constitution Bench has passed this interim order.

 

Aadhaar Number Made Compulsory For NEET by CBSE

The Central Board of Secondary Education (C.B.S.E.) has passed an order directing all the candidates (Jammu and Kashmir, Assam and Meghalaya) to produce Aadhar number to register themselves for the National Eligibility-cum-Entrance Test (NEET) 2018 examination. 

 

Compulsory Aadhaar For NEET Challenged

 

Abidali Yusufbhai Patel approached Gujarat High Court against the CBSE decision to make Aadhaar Number or Aadhaar Enrolment Number mandatory for NEET registration. Gujarat High Court’s refused to grant interim relief on the petition demanding exemption for students from submitting Aadhaar number while appearing for National Eligibility-cum-Entrance Test 2018 (NEET). The Gujarat High Court had rejected the Petition filed by Abidali Yusufbhai Patel citing the issue of linking Aadhaar to various schemes is currently pending before the Supreme Court. 

Mr. Patel then approached the Supreme Court, relying on earlier orders passed by the  Court, wherein SC had directed that during the pendency of the petitions before it, no person should suffer due to lack of an Aadhaar number. 

The Petition contended that mandatory disclosure of Aadhaar number for taking NEET exam amounts to violation of the right to privacy, as upheld by the Apex Court. The petition further pointed out that the Central Board of Secondary Education (CBSE) has permitted students from Jammu and Kashmir, Assam and Meghalaya to apply for NEET without submitting their Aadhaar numbers. This amounts to “blatant discrimination between similarly placed students”. The petition then listed the following questions of law for consideration by the Court: 

 

(a) Whether the impugned Order is contrary to the Order dated 23-09-2013 passed by this this Hon’ble Court in Writ Petition (Civil) No. 494 / 2012 and Order dated 24-03-2014 passed by this Hon’ble Court in Special Leave Petition (Criminal) No. 2524 / 2014, wherein this Hon’ble Court has categorically directed that till the time the Writ Petition (Civil) No. 494 / 2012, is disposed-off by this Hon’ble Court, no person or individual shall suffer for lack of Aadhar Number? 

 

(b) Whether the Respondents are in contempt of the Order/s passed by this Hon’ble Court? 

 

(c) Whether the insistence on Aadhar Number or Aadhar Enrolment Application Number is in breach of the “Right To Privacy” as upheld by this Hon’ble Court?

 

(d) Whether by not mandating Aadhar Number or Aadhar Enrolment Application Number for the students belonging to Jammu and Kashmir, Assam and Meghalaya; the Respondent No. 2 & 3 have not indulged in blatant discrimination between similarly placed students.

 

(e) Whether the Respondent No. 2 & 3 having permitted other Proof/s of Identity for all Students in 2016 – 2017 and other Proof/s of Identify for students belonging to Jammu – Kashmir, Assam and Meghalaya for 2017 – 2018 also, are not indulging in arbitrary, capricious and illegal exercise of power and authority vested in them?

 

Compulsory Aadhaar For NEET Rejected By Supreme Court

 

KK Venugopal, the Attorney General, submitted that the students who intend to appear in NEET or any other All India examination, need not necessarily produce the Aadhar number for the registration, and can produce any alternative identification number, such as ration card, passport, voter ID, driving licence and bank account. 

The constitutional bench accepted the submission and directed the C.B.S.E. to upload the necessary information on their website so that students are not affected in case of lack of Aadhaar number.

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