1. The CUET UG 2024
registration procedure on the NTA website is ridden with an engineered problem. While registering for
filling the CUCET Form. It has been noticed that six out of the eight registration
options require the input of an UID/Aadhaar Number for the registration
process to be completed. The two other alternative options relate to
registration using passport information, which one does not have.
2.
Mandatory requirement of UID/Aadhaar Number is in manifest violation of
the 1448 page long judgement of Supreme Court's 5-Judge
Constitution Bench on UID/Aadhaar Number under Aadhaar Act, 2016.
3.The
directions given at page numbers 401-402, paragraph 332 of the Supreme Court's judgement dated 26 September, 2018 creates a legal
compulsion for review and revision of the orders which make UID/Aadhaar
Number compulsory. The judgement is available at:
https://main.sci.gov.in/supremecourt/2012/35071/35071_2012_Judgement_26-Sep-2018.pdf
4.The
judgement dated 26 September, 2018 has specifically held that Aadhaar
Number UID/Aadhaar Number cannot be made mandatory, children cannot be
denied benefits for lack of Aadhaar Number (See Page No. 393, para 325;
Page No. 401, para 332). The judgment states “At the same time, we hope
that the respondents (Union of India and others) shall not unduly expand
the scope of ‘subsidies, services and benefits’ thereby widening the
net of Aadhaar, where it is not permitted otherwise.” (Page No. 391). At
para 331 of the judgment, the Court has held the following:
"331. After considering the matter in depth and having regard to the discussion aforesaid, we hold as under:
(a) For the enrolment of children under the Aadhaar Act, it would be essential to have the consent of their parents/guardian.
(b)
On attaining the age of majority, such children who are enrolled under
Aadhaar with the consent of their parents, shall be given the right to
exit from Aadhaar, if they so choose.
(c)
Insofar as the school admissions of children are concerned, requirement
of Aadhaar would not be compulsory as it is neither a service nor
subsidy. Further, having regard to the fact that a child between the age
of 6 to 14 years has the fundamental right to education under Article
21A of the Constitution, school admission cannot be treated as ‘benefit’
as well.
(d) Benefits to children between 6 to
14 years under Sarva Shiksha Abhiyan, likewise, shall not require
mandatory Aadhaar enrolment.
(e) For availing
the benefits of other welfare schemes which are covered by Section 7 of
the Aadhaar Act, though enrolment number can be insisted, it would be
subject to the consent of the parents, as mentioned in (a) above.
(f)
We also clarify that no child shall be denied benefit of any of these
schemes if, for some reasons, she is not able to produce the Aadhaar
number and the benefit shall be given by verifying the identity on the
basis of any other documents. We may record that a statement to this
effect was also made by Mr. K.K. Venugopal, learned Attorney General for
India, at the Bar." Children cannot be denied benefits for lack of
Aadhaar (See Page No. 393, para 325; Page No. 401, para 332).
5. Para 3 of the Circular (F.No.
4(4)/57/146/2012/E&U) of the Unique Identification Authority of
India (UIDAI), Ministry of Electronics and Information Technology,
Government of India dated September 5 2018 was cited by the Union
Ministry of Education in the Parliament which states the following:
"It
must be ensured that no children are deprived/denied of their due
benefits or rights for want of Aadhaar. Some instances have come to our
notice that few schools are denying admission to children for want of
Aadhaar. Such denials are invalid and not permitted under the law. It is
also to be ensured that no child should be deprived/denied of
their due benefits or rights for want of Aadhaar. No child should be
denied admission and other facilities for lack of Aadhaar." Referring to
this circular, Hon'ble Union Minister informed the Parliament that "As
per the circular dated 05.09.2018 issued by Unique Identification
Authority of India, children may not be deprived/denied of their due
benefits or rights for want of Aadhaar. No child should be denied
admission and other facilities for lack of Aadhaar. The Department of
School Education and Literacy has also issued a notification dated
29.11.2021 stating that no eligible child shall be denied benefit under
the Centrally Sponsored Scheme of Samagra Shiksha in case of failure to
establish his identity by undergoing authentication or furnishing proof
of possession of Aadhar number."
It is evident
from the above mentioned indisputable judgement of the Hon’ble Court
that there is a compelling legal obligation on the part of the NTA to
rectify/modify its online registration and application form to enable
registration for filling the CUET application form and other forms of
NTA without 12-digit Unique Identification (UID)/Aadhaar Number.
This
creates an immediate and urgent necessity for providing a substitute
registration method—such as email or mobile authentication for students
who do not have an UID/ Aadhaar Number or a valid passport to register for
CUET UG 2024 and other NTA tests. The prompt implementation of an
alternative registration avenue, distinct from the current
aforementioned options alone, can facilitate students who do not possess
either an UID/ Aadhaar Number or a valid passport before the deadline
for CUET 2024 registration process ends on March 26, 2024.
Citizens Forum for Civil Liberties (CFCL) has demanded that Union Education Minister ought to instruct NTA to ensure compliance with the judgement of Supreme Court on Aadhaar Act, UIDAI’s circular of September 2018 and Union Education Minister's assurance in Parliament on July 26, 2023 in order to
ensure that no student/candidate is denied a viable alternative and
equitable access to the registration process for CUET and other NTA's
tests. This is required to safeguard the fundamental right to education recognized
under Article 21 of our Constitution.
