Patel Abidali Yusufbhai v. Ministry of Human Resource Development, Union of India
2018-02-27
R.SUBHASH REDDY, VIPUL M.PANCHOLI
body2018
DigiLaw.ai
JUDGMENT & ORDER : R. Subhash Reddy, J. This petition, by way of Public Interest Litigation, is filed seeking directions to permit the students to register themselves for taking Joint Entrance Examination(Main) Unit, 2018(JEE) and National Eligibility-cum-Entrance Test Unit, 2018(NEET) without quoting Aadhar number or receipt of application of Aadhar Enrolment ID. 2. We have heard learned counsel, Mr. M.M.Saiyed for the petitioner and learned counsel, Mr.K.V.Shelat appearing for the respondent No.2. 3. During the course of hearing, it is brought to our notice that, such condition was also introduced, requiring either possession of Aadhar Card or receipt in proof of applying for the Aadhar Card in the examination of NEET 2017. It is submitted that, so far as JEE examination is concerned, already examination is conducted and students have submitted either Aadhar card or receipt in proof of applying for the Aadhar Card. 4. Learned counsel for the petitioner has produced copy of the order passed by the Hon'ble Supreme Court in the case of Unique Identification Authority of India and Another Vs. Central Bureau of Investigation, (2017) 7 SCC 157 , in which, following order was passed: "Issue notice. In addition to normal mode of service, dasti service, is permitted. Operation of the impugned order shall remain stayed. In the meanwhile, the present petitioner is restrained from transferring any biometric information of any person who has been allotted the Aadhaar number to any other agency without his consent in writing. More so, no person shall be deprived of any service for want of Aadhaar number in case he/she is otherwise eligible/entitled. All the authorities are directed to modify their forms/circulars/likes so as to not compulsorily require the Aadhaar number in order to meet the requirement of the interim order passed by this Court forthwith. Tag and list the matter with main matter i.e. WP(C) No.494/2012." 5. Further, it is brought to our notice that, with regard to Aadhar linkage to various schemes, matter is kept before the Hon'ble Supreme Court on 6th March, 2018, as partheard. In that view of the matter, we are not inclined to grant any direction at this point of time. This matter be placed on board on 28th March, 2018.