The Karnataka High Court yesterday passed an interim order directing the state education department not to insist on Aadhaar for registration for the state board exam..A petition was filed on behalf of a Class X student seeking to register for the SSLC examination scheduled to be held in April 2018. Pursuant to a circular passed by the Secondary Education Board of Karnataka, the online registration form for the SSLC exam contained a field, which required the candidate’s Aadhaar number to be entered in..As per the circular, the last date for filling up the form was December 10, and on failure to submit the form along with the Aadhaar number, the student would not be allowed to appear for the exam. Given the fact that the neither the petitioner nor his parents were enrolled under the Aadhaar scheme, the High Court was moved to dispense with this requirement..Argued by Advocate Dore Raj, the petition states that the Supreme Court, vide its order dated August 11, 2015, clearly stated that Aadhaar cannot be made mandatory. Therefore, the circular passed by the state board was “unconstitutional, arbitrary, highly illegal and without authority of law”..The petition also makes mention of the Right to Privacy judgment by the nine-judge Bench of the Supreme Court..“…in Puttaswamy case, in which the Hon’ble Supreme Court held that Privacy is a Fundamental right of citizen of India, under Article 21 of the Constitution of India and particularly cautioned about the privacy of Children in the following words: .xxx Privacy of children will require special protection not just in the context of the virtual world, but also the real world.”.It was further contended that since the state government was not providing any service, benefit or subsidy under the Consolidated Fund of India, for conducting the SSLC Examination, they cannot insist for Aadhaar number from the petitioner, in view of Section 7 of the Aadhaar Act. Further,.“At any rate, children below the age of 18 years cannot be enrolled for Aadhaar number, since, a minor cannot understand the details to be furnished to an individual while enrolment, as provided under Section 3(2) of the Act…”.The single judge Bench of Justice BV Nagarathna yesterday allowed the petitioner to submit a hard copy of his application form to the authorities, before December 13. The Court also issued notice to the respondents and directed them not to insist on production of the student’s Aadhaar card at the time of registration..Read the interim order:.Read petition:
The Karnataka High Court yesterday passed an interim order directing the state education department not to insist on Aadhaar for registration for the state board exam..A petition was filed on behalf of a Class X student seeking to register for the SSLC examination scheduled to be held in April 2018. Pursuant to a circular passed by the Secondary Education Board of Karnataka, the online registration form for the SSLC exam contained a field, which required the candidate’s Aadhaar number to be entered in..As per the circular, the last date for filling up the form was December 10, and on failure to submit the form along with the Aadhaar number, the student would not be allowed to appear for the exam. Given the fact that the neither the petitioner nor his parents were enrolled under the Aadhaar scheme, the High Court was moved to dispense with this requirement..Argued by Advocate Dore Raj, the petition states that the Supreme Court, vide its order dated August 11, 2015, clearly stated that Aadhaar cannot be made mandatory. Therefore, the circular passed by the state board was “unconstitutional, arbitrary, highly illegal and without authority of law”..The petition also makes mention of the Right to Privacy judgment by the nine-judge Bench of the Supreme Court..“…in Puttaswamy case, in which the Hon’ble Supreme Court held that Privacy is a Fundamental right of citizen of India, under Article 21 of the Constitution of India and particularly cautioned about the privacy of Children in the following words: .xxx Privacy of children will require special protection not just in the context of the virtual world, but also the real world.”.It was further contended that since the state government was not providing any service, benefit or subsidy under the Consolidated Fund of India, for conducting the SSLC Examination, they cannot insist for Aadhaar number from the petitioner, in view of Section 7 of the Aadhaar Act. Further,.“At any rate, children below the age of 18 years cannot be enrolled for Aadhaar number, since, a minor cannot understand the details to be furnished to an individual while enrolment, as provided under Section 3(2) of the Act…”.The single judge Bench of Justice BV Nagarathna yesterday allowed the petitioner to submit a hard copy of his application form to the authorities, before December 13. The Court also issued notice to the respondents and directed them not to insist on production of the student’s Aadhaar card at the time of registration..Read the interim order:.Read petition:
