12100 - Some ID, if not Aadhaar, needed for subsidised foodgrains: HC - Money Control

Sep 19, 2017 10:14 PM IST | Source: PTI

Some ID, if not Aadhaar, needed for subsidised foodgrains: HC

A bench of Acting Chief Justice Gita Mittal and Justice C Hari Shankar said that distribution of foodgrains without any identity proof will lead to people coming to Delhi from all over the country which would strain the resources of the city.

The Delhi High Court on Tuesday said that Delhi'ites seeking to avail subsidised foodgrains under the public distribution system (PDS) should have some sort of identification if they do not have Aadhaar cards.

A bench of Acting Chief Justice Gita Mittal and Justice C Hari Shankar said that distribution of foodgrains without any identity proof will lead to people coming to Delhi from all over the country which would strain the resources of the city.

"Imagine the whole of India converging on the metropolis. Where will the housing, water and sanitation come from," it asked an NGO which has sought disbursal of subsidised foodgrains to the beneficiaries under the National Food Security Act (NFSA) without Aadhaar cards?

"Without any identification, everyone from all over will come here. Bring some ID. Even as per you, more (beneficiaries) have surfaced," it said.

The bench also refused to grant the NGO's interim plea for a stay on the rollout of the Aadhaar-linked point of sale (POS) machines at fair price shops for distribution of foodgrains and listed the matter for further hearing on November 7.

The Delhi government, represented by advocate Anuj Aggarwal, submitted a status report before the bench highlighting the benefits of rolling out the POS machines.

The status report said that POS machines would ensure authentification of beneficiaries, eradication of bogus ration cards, check on diversion and pilferage of subsidised foodgrains, enabling of digital payments as well as easier verification of stock at fair price shops.

The NGO, Delhi Rozi Roti Adhikar Abhiyan, had moved the court claiming that some slum dwellers in south Delhi were facing difficulties in getting subsidised foodgrains under the PDS due to lack of Aadhaar cards.

Under the NFSA which was rolled out across the country in November last year, five kgs of foodgrains per person is provided each month at Rs 1-3 per kg to over 80 crore people.

The Centre had earlier told the court that Aadhaar was made mandatory to ensure that the poor get subsidised foodgrains under the PDS.

Terming PDS as a "misused system", it had said that through Aadhaar, the endeavour was to ensure that the real beneficiaries get foodgrains.

Aadhaar is a 12-digit unique identification number issued by the Unique Identification Authority of India (UIDAI) after collecting biometric data of the citizens.

The PIL has sought to quash of the Centre's February 8 notification making Aadhaar mandatory for availing benefits under the NFSA. The notification came into effect on February 8 in all states and UTs, except Assam, Meghalaya and Jammu and Kashmir.

The petition has said the notification violates the basic principle of law enshrined in Articles 14 (equality) and 21 (right to life) of the Constitution.

11084 - Aadhaar not mandatory, reiterates HC - Kashmir Reader

Aadhaar not mandatory, reiterates HC

By M A Parray on April 20, 2017

Only 67pc JK population enrolled, what about the rest, court asks govt

Srinagar: Reiterating its earlier observation that procurement of Aadhaar card cannot be made mandatory until apex court decides the issue, the J&K High Court has sought government’s reply within a week about of the fate of 33 percent population yet to be enrolled in J&K where Aadhaar enrollment centers in the state have been closed.
The direction by a division bench of Justices Mohammad Yaqoob Mir and D S Thakur followed perusal of an affidavit filed by PIL petitioner, advocate Syed Musaib, highlighting that the total percentage of individuals enrolled with Aadhaar system was only 67%, the lowest enrollment among all states in India.
Musaib also submitted that Aadhaar enrollment centers in the state have already been closed and as such remaining 33 percent of the population has no scope or facility of getting enrolled with Aadhaar system.
Confronted with the position, Additional Advocate General, representing the government, sought week’s time to respond which was granted by the high court.

“Meanwhile, the observations as made by this court on 4.10.16 (that Aadhaar card cannot be made mandatory until Supreme Court decided the issue finally) shall remain in operation,” the court said.

Aadhaar is a 12-digit unique identity number issued by the UIDAI (Unique Identification Authority of India), a government of India agency which was established by the Planning Commission in 2009.
In November last year, the High Court quashed a government order, making Aadhaar card mandatory for its employees for drawing various entitlements including the salary.
“From the perusal of the Supreme Court order dated 15-10-2015, it is evident that matter was referred to the constitution bench for final hearing, making it clear that Aadhaar card scheme is voluntary and cannot be made mandatory till the matter is decided by the Supreme Court in one way or the other,” the high court said and asked the government to “strictly” follow the apex court’s interim orders from 29 March 2013.
“It is beyond doubt that government order issued cannot all be sustained as it is in violation of the interim orders passed by the Supreme Court,” the division bench had said and quashed the government order (No. 35-F of 2016 dated 10-2-2016) with a liberty to the administration to issue a fresh order in compliance with the interim orders passed by the apex court relating to foods grains, cooking fuel such as kerosene and for the purpose of the LPG distribution scheme.
The petitioner has submitted in the PIL that the government order suffers from infirmity with respect to the Constitution as people in the state are forced to disclose private information under the cloak of the Aadhaar scheme. Accordingly, he had sought directions from the High Court to quash the order and direct the administration not to make possession of the Aadhaar card mandatory for any benefits due to a citizen.

10513 - HC stays Govt order on Aadhaar - Daily Exc4elsior

HC stays Govt order on Aadhaar

Posted on 5/10/2016 by Dailyexcelsior

Excelsior Correspondent

Srinagar, Oct 4: The State High Court today stayed the Government order regarding installation of Aadhaar Enabled Biometric Attendance System (AEBAS) in Government departments to ensure the attendance of Government employees.

The fresh order of Government has been passed for making the procurement of Aadhaar card mandatory for Government employees for   AEBAS and  the Aadhaar Card as mandatory has been stayed by the Division Bench of Chief Justice N Paul Vasanthakumar and Justice Ali Mohammad Magrey with the observation that the Supreme Court has already held Aadhaar is not mandatory.

“This Court as well as Supreme Court has held that till pendency of orders to be passed by the Supreme Court, the Aadhaar has been made compulsory, in light of the orders passed, there shall be an interim stay of ordering in so far insisting for Aadhaar Card is concerned”, directed the DB and also issued notice to the Government through Chief Secretary of the State and the notice has been accepted in open court by the State Counsel M A Beigh (Dy AG).

In its order Supreme Court has made it clear that “Aadhaar Card Scheme is voluntary and cannot be made mandatory till the matter is decided by the Supreme Court in one way or the other and the interim orders shall be strictly followed”.
It has been submitted before the court that order of General Administration Department on 01.09.2016 is directly in violation and contravention of the various direction issued by Supreme Court declaring that Aadhaar is a voluntary Scheme and should not be made mandatory or compulsory.

The court has been apprised that Jammu & Kashmir has only 64% Aadhaar enrollment, which is amongst the lowest number of Aadhaar card holders in the entire country as such Government order is illogical and has been passed without any application of mind.

“Aadhaar Scheme infringes the Right of Privacy and the same is subject matter of five Judge Constitutional Bench of the Supreme Court.  Such impugned Government order undermines and prejudices the case in hand before the Supreme Court as well”, reads the petition.
Because of such impugned order, mentioned in the petition ‘suffers from infirmity with respect to the Constitution of India’ as rest of the citizen of the country in all other parts are exempted from compulsory disclosure and in the State of Jammu & Kashmir people are forced to disclose private information under the cloak of Aadhaar Scheme.
In the said order all Administrative Secretaries have been instructed that salary of the employees from the month of September, 2016, who remain on unauthorized absence from duty shall not be released and action under rules be initiated against them. “Salary of all the employees for the month of August be released in view of the ensuing festival of Eid-ul-Zuha”, reads other condition contained in the Government order.
It may be mentioned that High Court had last month quashed the Government order on Aadhaar Card that was made mandatory for the various purposes including drawing of salary for Government employees.
The court while quashing the order held that the Government order (No. 35-F of 2016 dated 10.2.2016) is in contrary of the orders of Supreme Court as such quashed it and directed the Government to pass fresh order in tune with the direction of Supreme Court.
State Government had issued an order no. 35-F of 2016 dated 10.2.2016 wherein possession of Aadhaar Card was made mandatory for almost all sections of the people including employees, pensioners, Public Sector Unit Holders etc, while as Supreme Court in its interim order in  October 2015, observed that Aadhaar Card is ‘purely voluntary’ and not mandatory and it cannot be made mandatory till the matter is decided by the Supreme Court, one way or the other.

10512 - Why did you take scholarship process online, HC asks Centre - The Hindu

NEW DELHI, October 2, 2016

Why did you take scholarship process online, HC asks Centre

• AKANKSHA JAIN

The High Court has sought to know why it is mandatory for students from minority communities to apply online for availing scholarships when many of them might not be in a position to do so.

“Why have you made it mandatory to apply online,” a Bench of Chief Justice G. Rohini and Justice Sangita Dhingra Sehgal asked the Centre.

Aadhaar cards

The Bench was hearing a petition filed by West Bengal-based Nasimuddin Educational Trust, which has challenged the Centre’s decision to make Aadhaar cards mandatory for students from the minority communities to be able to apply for scholarship schemes.

The petition challenged the July 14 order of the Ministry of Minority Affairs asking the Chief Secretary or administrators of States to advertise national scholarships, which can be applied for online.

The Supreme Court had recently stayed the Centre’s order saying that Aadhar cards cannot be made mandatory for scholarships. In light of this order, the HC said it did not have to go into it.

The petitioner also challenged the Centre’s decision to make it mandatory for anyone interested in a scholarship scheme to apply online.

“Lakhs of minority students may not be able to apply online. They [the government] should allow offline application also,” said the petitioner.

The matter has now been fixed for December 7.

The plea stated that the policy of making Aadhaar cards mandatory for applying for pre-matric, post-matric and merit-cum-means scholarships — meant to benefit students from the minority communities — was “arbitrary”. It added that the policy of “compelling” students to apply online “smacks of non-application of mind since students most in need of scholarship might not have access to the internet”.

8540 - High Court introduces biometric attendance system for staff - The Hindu

MADURAI, August 14, 2015

High Court introduces biometric attendance system for staff

• SPECIAL CORRESPONDENT

Photo: R. Ashok

Justice R. Sudhakar, Administrative Judge of the Madras High Court Bench in Madurai, inaugurating the bio-metric attendance system in Madurai on Thursday.

A court officer said that the earlier system of signing attendance registers had its own flaws since some of the Office Assistants used to take away the registers from the respective departments five to 10 minutes before the designated time thereby leading to lot of heartburns among the staff.

The Madras High Court Bench here on Thursday introduced Biometric Attendance System (BAS) for its staff in order to avoid complaints of the age old system of signing attendance registers, placed in respective departments, causing several inconveniences to its employees.

Justice R. Sudhakar, the administrative judge of the Bench, inaugurated BAS in the presence of Registrar (Administration) M. Sreenivasan and Registrar (Judicial) S. Srinivasan and a huge number of court staff who expressed happiness over the introduction of the new system, expected to be foolproof.

A court officer said that the earlier system of signing attendance registers had its own flaws since some of the Office Assistants used to take away the registers from the respective departments five to 10 minutes before the designated time thereby leading to lot of heartburns among the staff. “We will have to lose half a day’s salary if we come late for more than two days in a month.

When such stringent conditions are imposed to ensure punctuality, it is always better to leave it to machines to keep a watch on the exact time when an employee reports for duty,” he said.

However, a court attender said that it would be better if the court administration makes use of BAS both for recording the time at which the employees report for duty as well as the time when they leave home instead of the present system of using it to record the time of entry alone. “Many employees attached to the judges work beyond eight hours a day. If a particular judge comes to court by 9 a.m. itself, then we also have to be here by that time and if a judge leaves the chamber only by 9 p.m. after completing dictation work, then we also have to stay back.

Therefore, it would be nice if our time of exit is also recorded and we are paid some overtime allowance,” he added.

8077 - Don't demand Aadhaar card: HC to Haryana govt - PTI

• Don't demand Aadhaar card: HC to Haryana govt

17:50 HRS IST

Chandigarh, May 29 (PTI) The Punjab and Haryana High Court today directed Haryana government officers not to demand Aadhaar card for people seeking benefits under various government schemes.

The direction was given by Justice Rakesh Jain while disposing of a petition filed by Sudhir Yadav who had approached the High Court following reports that Aaadhar card was insisted on for various work, including admissions and availing benefits under government schemes.

The petitioner quoted media reports that several officers like Deputy Commissioner, District Education Officer and other senior officers in Haryana were saying that Aadhaar card was mandatory for availing the benefits of government schemes like CM Window, scholarships, fee concession etc.

The petitioner, through his advocate Pardeep Rapria, alleged that despite clear orders of the Supreme Court, various schools and other concerned authorities were insisting on Aadhaar card from students for getting admissions and other benefits as well.

After the inability of students in submitting the same, the students and parents were being harassed, he alleged.

Rapria told the Court that students were deprived of admissions and other facilities in schools for want of Aadhaar card.

However, during the hearing of the petition, Haryana Advocate General B R Mahajan stated that Aadhaar card was never demanded as a mandatory requirement.

8075 - Don't demand Aadhaar card for people seeking benefits : High Court to Haryana government - dna

Don't demand Aadhaar card for people seeking benefits : High Court to Haryana government

Friday, 29 May 2015 - 9:00pm IST | Place: Chandigarh | Agency: PTI

The Punjab and Haryana High Court on Friday directed Haryana government officers not to demand Aadhaar card for people seeking benefits under various government schemes.

The Punjab and Haryana High Court on Friday directed Haryana government officers not to demand Aadhaar card for people seeking benefits under various government schemes.

The direction was given by Justice Rakesh Jain while disposing of a petition filed by Sudhir Yadav who had approached the High Court following reports that Aaadhar card was insisted on for various work, including admissions and availing benefits under government schemes.

The petitioner quoted media reports that several officers like Deputy Commissioner, District Education Officer and other senior officers in Haryana were saying that Aadhaar card was mandatory for availing the benefits of government schemes like CM Window, scholarships, fee concession etc.

The petitioner, through his advocate Pardeep Rapria, alleged that despite clear orders of the Supreme Court, various schools and other concerned authorities were insisting on Aadhaar card from students for getting admissions and other benefits as well.

After the inability of students in submitting the same, the students and parents were being harassed, he alleged. Rapria told the Court that students were deprived of admissions and other facilities in schools for want of Aadhaar card. However, during the hearing of the petition, Haryana Advocate General B R Mahajan stated that Aadhaar card was never demanded as a mandatory requirement. 

7994 - HC notice to Haryana on making Aadhaar mandatory - TNN

HC notice to Haryana on making Aadhaar mandatory

TNN | May 19, 2015, 01.53AM IST

CHANDIGARH: Punjab and Haryana high court on Monday issued notice to Haryana government for its decision to make Aadhaar card mandatory for admissions, scholarships, fee concession and other benefits in schools.

The government had made Aadhaar mandatory for admissions to government schools and availing benefits under various government schemes and even for filing complaints at the chief minister's window. The issue reached the high court through a petition filed by one Sudhir Yadav. The HC has directed the state government to file its reply on May 25.

The petitioner has alleged that despite clear orders from the Supreme Court, various schools and other authorities concerned are insisting on students' Aadhaar card for admissions and various other benefits and that students failing to submit the same are being harassed.

After approaching the district education office against the insistence of Aadhaar in schools, the petitioner filed a plaint at the CM window where the petitioner was told that Aadhaar was mandatory for registering complaints.

Thousands of students have been deprived of admission and other facilities in schools for not submitting Aadhaar card.

5802 - No Interim HC Order on AP’s Pension-Aadhaar Link - New Indian Expres

No Interim HC Order on AP’s Pension-Aadhaar Link

By Express News Service

Published: 20th September 2014 06:16 AM

Last Updated: 20th September 2014 06:16 AM

HYDERABAD: The High Court on Friday refused to give any interim direction on a petition challenging GO Ms No.135 dated September 17, 2014 issued by the Andhra Pradesh government in respect of social security pension schemes.   

Justice Nooty Ramamohana Rao was dealing with a lunch motion petition filed by Y Chandrasekhar Reddy, sarpanch of Anupalli  in Chittoor district, and eight others against the GO. Petitioners’ counsel P Sudhakar Reddy contended that linking welfare schemes to  Aadhaar card was arbitrary and violative of Supreme Court directions.

Out of 43.10 lakh beneficiaries, only 40.44 lakh have been issued Aadhaar card in Andhra Pradesh.

He said the government decided to launch a verification campaign in every gram panchayat/municipal ward from September 19 to 21 through gram panchayat, municipal, corporation committees and it would be impossible for the beneficiaries, especially migrant labourers, to make themselves available in their respective villages before the committees at such a short notice to prove their eligibility for obtaining pensions, etc. The counsel apprehended that there was every possibility of inducting the people closer to the party in power, in the name of social activists, in the said committees to conduct verification process.

He urged the court to declare the impugned GO as illegal, arbitrary and unconstitutional.     

AP advocate-general P Venugopal said that the GO was intended to check irregularities, if any, in distribution of social security pension schemes etc. to the needy.

Government has decided to provide pensions to all eligible persons duly eliminating the ineligible cases, and decided to invoke linkage of Aadhaar authenticated disbursement from October 2.

5130 - DBTL: HC Seeks Reply on Aadhaar Linkage- New Indian xpress

DBTL: HC Seeks Reply on Aadhaar Linkage

By Express News Service - CUTTACK

Published: 31st January 2014 08:56 AM

Last Updated: 31st January 2014 08:56 AM

The Orissa High Court on Thursday sought reply from the Union Petroleum Ministry on the issue of insistence of oil companies for Aadhaar card linkage by consumers to avail the subsidy on LPG despite the orders of the Supreme Court.

Acting on two PILs filed by chairman of the All Odisha Consumers Protection Council KP Krishnan and one Ashok Paikray of Bhubaneswar, the division bench comprising Chief Justice AK Goel and Justice AK Ratha directed Assistant Solicitor General to submit information within a period of one week. The PILs would be taken up for hearing on February 10.

The petitioners drew attention of the Court towards public announcement made by the Union Ministry of Petroleum and Natural Gas through the oil companies that only those consumers who have linked Aadhaar cards to their bank accounts under the Direct Benefit Transfer for LPG (DBTL) scheme would be provided the subsidy from January 31. Those who do not have Aadhaar cards or have not linked it to their accounts will have to purchase cylinders at market price of ` 1,100 instead of the subsidised ` 425.

They alleged that the advertisements were in gross violation of the Supreme Court, which in an interim order on September 23, 2013, had issued clear directives that Aadhaar Card cannot be made mandatory for people availing any Government benefit including LPG subsidy.

The DBTL for LPG has been rolled out in four districts of Cuttack, Khurda, Puri and Balangir in the first phase since November last year. Consumers have been given the deadline of January 31 to ensure linkage of the bank accounts with the cards.

Making the DBTL linkage mandatory will pose huge problem for consumers as the State has not achieved significant success in enrolment.

As of December 10 last year, biometric enrolment of only 64.52 per cent of the population had been completed and more than 36.92 lakh of the 2.70 crore biometrics had been rejected by UIDAI.

The petitioners also pointed out that Aadhaar generation in Cuttack was only around 60 per cent, Balangir 62 per cent, Puri 67 per cent and Khurda 64 per cent.

Citing the apex court order and dismal performance in terms of Aadhaar registration in Odisha, the petitioners have prayed for directions to the Union Ministry and oil companies to desist from insisting on production of Aadhaar cards for obtaining subsidy. No citizen should be denied Government benefits for not having the card, they said.

5103 - Do not insist on Aadhaar card, gas agencies told - The Hindu

TODAY'S PAPER » NATIONAL » TAMIL NADU

MADURAI, January 24, 2014

Do not insist on Aadhaar card, gas agencies told

M. VANDHANA

The Madras High Court Bench here on Thursday passed an interim order directing gas agencies not to insist on registration of Aadhaar number details for LPG subsidy until a decision is taken by the Supreme Court on the matter.

A Division Bench comprising Justices R. Sudhakar and V.M. Velumani said, “In view of the specific order of the Supreme Court that no person should suffer for not having Aadhaar card, oil companies or their agents should not insist on Aadhaar card (number and other details) for grant of subsidised LPG cylinders to those who are eligible until a decision is taken by the Supreme Court on the matter.”

The Bench passed the interim order based on two public interest litigations, which sought to restrain gas agencies such as Oil and Natural Gas Corporation (ONGC), Petroleum and Explosive Safety Organisation (PESO), Indian Oil Corporation (IOC) and Indane Gas from demanding Aadhaar details from the consumers for LPG subsidy.

The petitioners, M. Sekaran, president of the Federation of Consumer and Service Organisations, Tiruchi, and S.M. Ananthamurugan, a Madurai-based advocate, had claimed in their petitions that the demand for Aadhaar details by the gas agencies for gas cylinders with subsidy was in violation of an order passed by the Supreme Court on September 23, 2013, indicating that no person should suffer for not having Aadhaar card.

A litigation on the validity of Aadhaar card is pending in the apex court, they had pointed out. The case has been adjourned to January 29 for further hearing.

Litigation on Aadhaar issue pending in Supreme Court

5102 - Don't insist on Aadhaar cards: HC - TNN

Don't insist on Aadhaar cards: HC

TNN Jan 24, 2014, 01.46AM IST

MADURAI: The ministry of petroleum and natural gas and the Oil and Natural Gas Corporation of India have been restrained from demanding Aadhaar card details from LPG domestic consumers for getting government subsidy, to get refilled gas cylinders from the agencies.

The Madurai bench of the Madras high court passed the interim injunction order on Thursday on a public interest litigation (PIL) filed in this regard.

The Supreme Court (SC) on September 23, 2013 in a case of Justice K S Puttaswamy (retired) had stated that the matter required to be heard finally. In the meantime, no person should suffer for not getting the Aadhaar card in spite of the fact that some authority had issued a circular making it mandatory. When any person applies to get the Aadhaar card voluntarily, it may be checked whether that person is entitled for it under law and it should not be given to any illegal immigrant, the SC had said.

Stating that the gas agencies' move is against the Supreme Court (SC) directive, a Virudhunagar-based advocate S M Ananthamurugan had filed the PIL.

He contended that while the SC interim order is in vogue, the gas agencies forwarded SMSes to all LPG domestic consumers stating that they should submit Aadhaar card to get government subsidy.

Besides, the gas agencies refuse to register request to get refilled cylinders for want of Aadhaar card number, the petitioner had said.

Further, the central government had submitted to the apex court that the Aadhaar card is not mandatory to get any public services. But, on the other side it forces the consumers to provide Aadhaar card details.

Due to gas agencies' action, the public would suffer largely. In rural and hilly areas, there is no bank facility. Before implementing the new system, the central government ought to have provided the cards to the people through its departments and nationalised banks, he contended.

The petition said that gas agencies' actions refusing registering of requests amount to contempt of court as it violates the court order.

Besides, the court should initiate contempt proceedings against the concerned officials and to direct the respondents not to take any steps to implement the Aadhaar card system or compel the beneficiaries to get the public services till finalisation of the Aadhaar card issue. Further, the court should give direction to the respondents to provide domestic refilled cylinders to the consumers by following the earlier system, the petitioner had prayed.

When the matter came up for hearing on Thursday before the division bench of justices R Sudhakar and V M Velumani, the bench ordered an interim stay and adjourned the matter to January 29.

4967 - HC strikes down Aadhaar-LPG link

HC strikes down Aadhaar-LPG link

M Sagar Kumar, TNN Nov 22, 2013, 02.48AM IST

HYDERABAD: The AP High Court on Thursday directed the authorities not to insist on the possession of Aadhaar card to the supply of LPG cylinder. The division bench comprising Chief Justice Kalyan Jyothi Sengupta and Justice P V Sanjay Kumar made this order while dealing with a petition filed by TSR Sarma of Saroornagar in Hyderabad who challenged the whole process of the issue of Aadhaar card with reference to collecting finger prints of individuals etc. The petitioner also questioned the action of the oil ministry officials who made it mandatory for LPG consumers to link their gas connection and Aadhaar numbers compulsorily for availing the gas subsidy.