Delhi HC Reaffirms Education as a Fundamental Right: Aadhaar Not Mandatory for EWS Admissions

The Delhi High Court recently delivered a significant judgment clarifying that schools cannot make the production of an Aadhaar card a mandatory prerequisite for admitting children under the Economically Weaker Section (EWS) and Disadvantaged Group (DG) categories. This ruling underscores the primacy of the Right to Education (RTE) over administrative and procedural formalities.

The court observed that the Right of Children to Free and Compulsory Education Act, 2009, was enacted to ensure that every child between the ages of six and fourteen has access to quality education, regardless of their socio-economic background. By insisting on Aadhaar cards, schools create an artificial barrier that disproportionately affects the most vulnerable sections of society who may face difficulties in obtaining or updating digital identity documents. The court emphasized that procedural hurdles like the lack of identity documents should not deprive children of their fundamental right to schooling.

The judgment aligns with the spirit of the Supreme Court’s landmark ruling in the K.S. Puttaswamy case, which established that while Aadhaar can be used for the delivery of subsidies and benefits, it cannot be made mandatory for services that are fundamental rights. Education, being a fundamental right under Article 21A of the Indian Constitution, falls squarely within this protection. The High Court emphasized that the state's duty is to facilitate education, not to create roadblocks through rigid documentation requirements.

Furthermore, the court noted that other valid documents, such as birth certificates or income certificates, should suffice for the purpose of identification and eligibility verification. This move is expected to streamline the admission process for thousands of children in the national capital and serves as a judicial reminder to educational institutions and state authorities to prioritize inclusivity and the substantive spirit of welfare legislation over technicalities.