Adhaar Card NOT mandatory for admission to Delhi private schools: HC

While hearing an appeal filed by the Delhi government against the order by a single-judge bench, the Court stated that demanding Aadhaar card from students during admission would be infringing right to privacy

Delhi School Admission 2023: Adhaar Card is no longer mandatory for admission to private schools in Delhi. In an order, the Delhi High Court said that Aadhaar number for admission to private schools in the national capital under the Economically Weaker Section (EWS), Disadvantaged Group (DG), Children with Special Needs (CWSN) categories is not mandatory, refusing to interfere with an earlier order.

While hearing an appeal filed by the Delhi government against the order by a single-judge bench, the Court stated that demanding Aadhaar card from students during admission would be infringing the right to privacy

A bench headed by Chief Justice Satish Chandra Sharma dismissed the appeal stating that the requirement is prima facie in conflict with the constitutional provisions (under Article 21) pertaining to privacy.

The submission of Aadhaar card or number for admission to private unaided recognised schools in the national capital under the EWS, DG, CWSN categories was made compulsory through circulars issued by the Delhi government on July 12, 2022 and February 2, 2023.

However, the bench said in an order passed last week, "The issue of obtaining sensitive personal details of a child, as observed in the K S Puttaswamy case (by the Supreme Court), would have the potential of infringing their right to privacy under Article 21 of the Constitution of India.”

In an appeal against the order, the Delhi Government, presented by counsel Santosh Kumar Tripathi argued that Aadhaar card helps in keeping a check on duplicate applications. He added that the policy was initiated to modernise the admission process for the EWS and DG categories in entry-level classes in private, unaided, recognised schools. It was also argued that mandating an Aadhaar card did not violate a child's right to free and compulsory education, rather it served as a safeguard against fraudulent applications and admissions based on false identities.

A petition was earlier filed by a man who had alleged that his five-year-old child was unable to participate in a computerised lottery scheme for allocation of seats in schools for the 2023 academic year as he did not have an Aadhaar card.

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