In an interesting twist of events, Punjab & Haryana High Court has delivered a verdict, which can be interpreted as anti-Aadhaar. Considering that the case related to Right to Privacy is still sub-judice, and a bench of Supreme Court is hearing the please, this judgement by a High Court has raised eyebrows, all around.
Meanwhile, UIDAI, the nodal authority on Aadhaar, has ordered all telcos to devise a tool, via which everyone can check whether their Aadhaar is linked with their SIM Cards or not.
High Court: Linking Aadhaar With Jobs Violates Fundamental Right!
In the Pradeep Kumar v Maharishi Dayanand University, Rohtak case filed and fought in the Punjab & Haryana High Court, the bench has clearly given an anti-Aadhaar verdict.
Justice Rajiv Narain Raina has said that the Govt. directions to link direct recruitment with Aadhar violates the fundamental right of Indian citizens.
The verdict said:
“Linking Aadhaar Number to direct recruitment should not prima facie be a mandatory condition as it may result in a violation of equal opportunity clause in Article 16(1) of the Constitution of India and deny easy access to applying online for jobs”
Note here, that the case related to Right to Privacy, which is Binoy Viswam v Union of India is right now sub-judice at the Supreme Court of India.
The last order by SC, in this case, was issued on December 15th, wherein it was said that “matter stands governed by the judgment of this Court in Binoy Viswam v Union of India”.
As per Supreme Court’s June 9th order, in the para 90-91 at page numbers 105-106, it has been said that linking of Aadhaar is not mandatory for anything in India.
Page 105-106 of para 90-91 of June 9th order says:
“it is clear that there is no provision in Aadhaar Act which makes enrolment compulsory… Fact remains that as per the Government and UIDAI itself, the requirement of obtaining Aadhaar number is voluntary. It has been so claimed by UIDAI on its website and clarification to this effect has also been issued by UIDAI… Thus, enrolment under Aadhaar is voluntary.”
This writ order was passed in Writ Petition (C) No. 247 of 2017.
UIDAI To Telcos: Create Tool To Check Aadhaar-SIM Linking
Meanwhile, UIDAI has ordered all telecom operators to devise their own tools, in order to check Aadhaar verification of all SIM cards.
UIDAI CEO Ajay Bhushan Pandey said,
“In order, for people, to know which mobile number is linked to Aadhaar, all telecom operators have been asked to provide this service to their customers by March 15.”
This decision was made after it was found that some retailers, agents are misusing their privileges, and taking biometric authentication of mobile users for other purposes.
March 31st is the last date to link Aadhaar with all services, including SIM Cards.
To stop this unauthorized usage, all telecom operators are asked to create such a tool which can be used via SMS as well.
We will keep you updated.