In an order that would have ramifications all over India, the Meghalaya High Court today stated that Aadhaar card should not be the only document for availing post matric scholarship.
The interim order on a PIL filed by Greneth M. Sangma was passed by the High Court’s division bench of Chief Justice Indra Prasanna Mukerji and Justice Wanlura Diengdoh.
Sangma had challenged the order issued by the Meghalaya government on October 31, 2023 which mandated production of Aadhaar for students applying for post matric scholarship.
“If an individual is unable to produce the Aadhaar number or card or is unwilling to obtain Aadhaar registration, then he would have to prove his identity as a resident in terms of the said Act from other recognised documents like pan card, voter card, passport and so on to the satisfaction of the State authorities. In that event, non-possession of an Aadhaar number or card would not be a disqualification,” the court said.
However, the court said the State government is at full liberty to insist on production of Aadhaar number or Aadhaar card from individuals for their speedy identification.
Earlier, PT Sangma, counsel for Greneth referred to two judgments of the Supreme Court in the case K.S. Puttaswamy (Retired) and contended that under Section 7 of the Aadhaar (Targeted Delivery of Financial and other Subsidies, Benefits and Services) Act, 2016, the State government had issued a notification dated 31 October, 2023 insisting that a child desirous of availing of the benefit of the Fees Compensation for Post Matric Scholarship for SC/ST students (Free Studentship) (the scheme) or of financial assistance to the SC/ST students of the State who are not eligible for any scholarship had to possess an Aadhaar identification number.
After a preliminary scrutiny of the Act, the court said, “Prima facie it does not follow that non-possession of Aadhaar number disentitles an otherwise eligible individual from the above benefits.”
The court also said the whole issue has to be gone into in detail while considering the Act, rules and regulations and the judgments of the Supreme Court with other judgments related to the subject.
The next hearing in this PIL has been fixed on August 12, 2025.
