Justice K.S. Puttaswamy (Retd.) And Another v. Union Of India And Others

Factual and Procedural Background

During the course of arguments in a group of writ petitions challenging aspects of the Aadhaar scheme (one specifically identified as W.P. (C) No. 231 of 2016), Senior Counsel Mr. Arvind P. Datar informed the Supreme Court that the Central Board of Secondary Education (CBSE) had issued a directive requiring all prospective candidates for the National Eligibility-cum-Entrance Test (NEET) to furnish their Aadhaar number at the time of registration. The Court sought a response from the Union of India, represented by the learned Attorney General. The matter is presently at the hearing stage, and the Court passed the instant interim order while adjourning the larger case for further arguments.

Legal Issues Presented

1. Whether, pending the final adjudication of the Aadhaar petitions, CBSE can mandate production of an Aadhaar number as a pre-condition for registering for NEET or other all-India examinations.

Arguments of the Parties

Counsel Representing the Petitioners

• Highlighted CBSE’s recent order making Aadhaar compulsory for NEET registration, asserting that such compulsion adversely affects students who do not possess Aadhaar.

Attorney General for India (Respondent-Union of India)

• Assured the Court that, for the present, students would not be compelled to provide an Aadhaar number.
• Proposed that students may instead furnish alternative identification such as a ration card, passport, voter ID, driving licence, or bank account details.

Table of Precedents Cited

No precedents were cited in the provided opinion.

Court's Reasoning and Analysis

The order is primarily based on the undertaking given by the learned Attorney General that Aadhaar will not be mandatory at this stage. Accepting this statement, the Court:

• Recorded the assurance that alternative identification documents would suffice for registration.
• Granted liberty to counsel assisting the petitioners to communicate with CBSE so the revised requirement could be promptly uploaded on the Board’s website, thereby preventing any prejudice to students.
• Directed that the broader matter be listed on 13 March 2018 for continued hearing.

Holding and Implications

Interim Relief Granted: Students registering for NEET or other all-India examinations conducted by CBSE are not required, for the time being, to produce an Aadhaar number and may instead submit specified alternative identification.

Implications: The order provides immediate relief to students potentially affected by the Aadhaar mandate. It does not set a binding precedent on the legality of Aadhaar requirements; the substantive constitutional questions remain sub judice and will be addressed in future hearings.