Shillong: The Meghalaya High Court has ruled that Scheduled Caste (SC) and Scheduled Tribe (ST) students in the state cannot be denied post-matric scholarships for not possessing an Aadhaar card.
The Division Bench comprising Chief Justice Soumen Sen and Justice W. Diengdoh issued the order while disposing of a Public Interest Litigation (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 government had insisted that children willing to avail of the benefit of financial assistance extended to the SC/ST students, who are not eligible for scholarships under the Government of India’s Post Matric Scholarship Scheme for SC/STs and other scholarship schemes introduced by the Central and state governments, would be required to furnish proof of possession of the Aadhaar number or undergo Aadhaar authentication.
The petitioner had argued that the requirement violated previous exemptions granted to residents of Meghalaya and contradicted Supreme Court judgments on the right to privacy and the voluntary nature of Aadhaar.
The court observed that although Section 7 of the Aadhaar (Targeted Delivery of Financial and Other Subsidies, Benefits and Services) Act, 2016, allows Aadhaar authentication for availing welfare benefits, the Supreme Court had clarified that no deserving individual should be denied benefits due to the absence of Aadhaar.
While disposing of the PIL, the court stated that the candidate would be required to prove identity as a resident, including birth certificate and any other reliable authenticated document if called for by the authorities while processing claims for scholarship.
The PIL was filed after several students were unable to access the benefits due to their inability to produce an Aadhaar card.
The High Court further noted that most of the students seeking scholarships are already enrolled in schools and pursuing higher secondary education, and should not be deprived of benefits due to the lack of Aadhaar.
The petitioner’s counsel pointed out that the Ministry of Finance, Department of Revenue, through the Central Board of Direct Taxes, had issued a press release on May 12, 2017, stating that individuals residing in Meghalaya are exempted from the requirement of an Aadhaar card. He argued that for residents of the state, possessing an Aadhaar ID is optional and not mandatory for activities such as opening bank accounts or undertaking other official procedures.
ALSO READ: Conrad announces Rs 13.35 crore for Jongksha–Thynroit bridge, new projects under CM Connect
Accordingly, the court held that the Meghalaya government’s notification cannot be applied to SC/ST students up to the post-matriculation level (up to 18 years of age).
The students may establish their identity and residency using alternative authenticated documents when applying for the scholarship.
