Shillong: In a significant interim directive, the Meghalaya High Court has ruled that Aadhaar cannot be the sole mandatory identification document for students seeking SC/ST scholarships and financial assistance in the state. The ruling, delivered by Chief Justice IP Mukerji and Justice W Diengdoh on July 21, provides a crucial reprieve for students who may not possess an Aadhaar card, directing the state government to accept alternative forms of identification.
The court’s order came in response to a Public Interest Litigation (PIL) filed by Greneth M Sangma, which challenged a state notification dated October 31, 2023. This notification had made Aadhaar compulsory for the Fees Compensation for Post Matric Scholarship scheme, a move contested as being in contravention of Supreme Court pronouncements, particularly those from the K.S. Puttaswamy case that upheld privacy rights and limited the mandatory application of Aadhaar.
During the proceedings, the petitioner’s counsel emphasised that the state’s insistence on Aadhaar violated established Supreme Court precedents. The bench, after a preliminary examination of Section 7 of the Aadhaar Act, 2016, noted a pertinent provision: “if an Aadhaar number is not assigned to an individual, the individual shall be offered alternate and viable means of identification for delivery of the subsidy, benefit or service.”
“Therefore, prima facie it does not follow that non-possession of Aadhaar number disentitles an otherwise eligible individual from the above benefits,” the judges observed, underscoring that eligibility for benefits should not be solely tied to Aadhaar.
Under the interim order, the state government retains the option to request Aadhaar numbers for facilitating quicker identification. However, it is now mandated to accept other recognised documents such as PAN cards, voter cards, or passports from students who are either unable or unwilling to obtain Aadhaar registration. The court clearly stated that “non-possession of an Aadhaar number or card would not be a disqualification” for availing these crucial benefits.
This ruling is especially impactful for SC/ST students relying on the Free Studentship scheme and those in need of financial aid who do not qualify for other scholarships. The court clarified that students would still need to establish their identity as residents to the satisfaction of state authorities using these alternative, recognised documents.
The case is slated for a comprehensive hearing on August 12, 2025, where the court plans to delve deeper into the Aadhaar Act, its associated rules and regulations, and relevant Supreme Court judgments. The court also highlighted the potential for this PIL to have “all India ramification,” indicating that the judgment could serve as a precedent and influence similar cases across the nation where state governments have made Aadhaar mandatory for educational assistance.