Delhi High Court Rules Aadhaar Not Mandatory for EWS and DG Category School Admissions

The Delhi High Court recently delivered a significant judgment clarifying that Aadhaar cards are not a mandatory prerequisite for children seeking admission under the Economically Weaker Section (EWS) and Disadvantaged Group (DG) categories. The court observed that making Aadhaar a compulsory requirement creates an unnecessary administrative barrier that can impede the exercise of the fundamental right to education as guaranteed under Article 21A of the Indian Constitution.

The ruling came in response to petitions where children were denied admission or faced hurdles because they did not possess an Aadhaar card or because of discrepancies in their Aadhaar details. The court noted that while Aadhaar is a tool for identification, it cannot be used to exclude eligible students from the benefits of the Right of Children to Free and Compulsory Education (RTE) Act, 2009. The bench highlighted that the focus of the state and educational institutions should be on facilitating education rather than creating procedural bottlenecks for the most vulnerable sections of society.

This judgment reinforces the legal principle established by the Supreme Court in the K.S. Puttaswamy (Privacy) case and the subsequent Aadhaar judgment, which held that Aadhaar cannot be made mandatory for services that are not linked to the Consolidated Fund of India, and certainly not at the cost of fundamental rights. For families in the EWS/DG categories, who often face challenges like migration, lack of digital literacy, or documentation delays, this ruling provides much-needed relief. It ensures that the lack of a digital identity does not lead to educational exclusion.

From a governance perspective, the decision underscores the need for 'inclusive' implementation of welfare policies. It reminds authorities that digital interventions like Aadhaar are meant to be 'enablers' of rights, not 'gatekeepers' that shut out the marginalized. Schools and local authorities are now expected to accept alternative proofs of identity and residence to ensure no child is left behind.