In a significant development, the Delhi High Court has upheld the suspension of the Delhi government’s order pertaining to the admission process for categories encompassing Economically Weaker Section (EWS), Disadvantaged Group (DG), and Children with Special Needs (CWSN) in private unaided schools within the city. The court’s verdict was rooted in the premise that procuring sensitive personal information of a child may potentially infringe upon their fundamental right to privacy, as enshrined in Article 21 of the Constitution of India. Additionally, the mandatory requirement of Aadhaar for admission was deemed superfluous.
The division bench presiding over the case, composed of Chief Justice Satish Chandra Sharma and Justice Sanjeev Narula, referred to the Supreme Court’s landmark judgment in the KS Puttaswamy case. Based on this reference, the bench concluded that the Delhi government’s circular appeared to be prima facie in contradiction with constitutional provisions. Consequently, the bench abstained from intervening in the order issued by Justice Anup Jairam Bhambhani, a single judge who had previously stayed the circular.
It is important to note that the single judge had not yet arrived at a definitive conclusion on the matter, which prompted the division bench to withhold its own opinion. Furthermore, the bench dismissed the necessity of Aadhaar for admission.
The origins of this legal action trace back to a petition filed by the father of a 5-year-old child. The petitioner contended that it was improper to compel a child to possess an Aadhaar card, and no child should be denied any form of subsidy or benefit for not furnishing their Aadhaar details.
In response, the Delhi government defended its circular, asserting that the mandatory requirement for Aadhaar was motivated by the desire to curtail duplicate applications and fraudulent admissions. The government emphasized that this policy initiative aimed to uphold the integrity of the admission process and did not infringe upon a child’s right to free and compulsory education. The government clarified that it neither directly accessed the Aadhaar database nor had any intentions of compromising privacy or security.
However, the Division Bench of the Delhi High Court upheld the suspension of the circular and dismissed the government’s appeal. The court held that the circular appeared to be prima facie inconsistent with constitutional provisions and opted not to interfere with the single judge’s directive. Legal representation for the Delhi government was provided by standing counsel Santosh Kumar Tripathi, supported by several advocates, while advocates Ayush Aggarwal and Oritro Mukherjee represented the child’s father.
Key Facts:
- The Delhi High Court has validated the suspension of the Delhi government’s directive regarding the admission process for categories involving Economically Weaker Section (EWS), Disadvantaged Group (DG), and Children with Special Needs (CWSN) in private unaided schools.
- The court has underscored that the acquisition of sensitive personal information of a child could potentially breach their constitutional right to privacy.
- The mandatory requirement of Aadhaar for admission purposes has been deemed unnecessary.
- The legal dispute originated from a petition filed by the father of a 5-year-old child.
- The court has declined to overturn the single judge’s order and has dismissed the government’s appeal.
