Partly allowed

Ms H Lalnunfeli v. State of Karnataka

Karnataka HC20 Nov 2024WP/29497/2024

Case brief

AI extract

What is this about?

Petitioner challenged denial of admission to an M.Sc. Biotechnology programme for lacking Aadhaar, as required by the UUCMS portal. The State produced revised FAQs stating Aadhaar is sought only voluntarily. Court held providing Aadhaar is voluntary and directed admission without insisting on it, with portal changes within two weeks.

What did the court decide?

R3 directed to admit petitioner without insisting on Aadhaar details; R4/R5 or service provider to make portal changes within two weeks.

Ms H Lalnunfeli Vs State of Karnataka — Education and Admissions | Karnataka HC (2024)

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NC: 2024:KHC:47132 WP No. 29497 of 2024

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 20^TH DAY OF NOVEMBER, 2024

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BEFORE

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THE HON'BLE MR JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 29497 OF 2024 (EDN-RES)

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BETWEEN:

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MS H LALNUNFELI O H DAVID ZONUNSANGA AGED ABOUT 24 YEARS PRESENTLY R/AT NO 99 1^ST FLOOR, 6^TH CROSS, VASANTNAGAR BENGALURU-52

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…PETITIONER

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(BY SRI. DEVAIAH I S., ADVOCATE)

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AND:

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STATE OF KARNATAKA DEPARTMENT OF HIGHERE EDUCATION MS BUILDING, 2^ND GATE, 6^TH FLOOR BENGALURU560001 BY ITS PRINCIPAL SECRETARY

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Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA

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BANGALORE CITY UNIVERSITY CENTRAL COLLEGE CAMPUS DR AMBEDKAR VEEDHI BENGALURU 560001 REP BY ITS REGISTRAR

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MOUNT CARMEL COLLEGE (AUTONOMOUS) NO 58, PALACE ROAD VASANTHNAGAR BENGALURU560052 REP BY ITS PRINCIPAL

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CENTRE FOR SMART GOVERNANCE DEPARTMTNE OF E GOVERNANCE GOVERNMENT OF KARNATAKA NO 2A, HAYES ROAD

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NC: 2024:KHC:47132 WP No. 29497 of 2024

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BENGALURU560025. REPRESENTED BY ITS SECRETARY.

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OFFICE OF THE STATE PROJECT MONITORING UNIT (UUCMS) KSHEC BUILDING GANGHDI NAGAR BENGALRU-5600089.

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…RESPONDENTS

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(BY SMT. PRATHIBHA. R.K., AGA FOR R1, R4 & R5; SRI. RAJENDRA KUMAR SUNJAY., ADVOCATE FOR R2; V/O DATED 18/11/2024 SERVICE OF NOTICE TO R3 IS H/S)

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THIS WRIT PETITION IS FILED UNDE ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT, ORDER OR DIRECTION IN THE NATURE OF MANDAMUS OR ANY OTHER APPROPRITE WRIT/ORDER/DIRECTION DECLARING THAT THE PETITIONER SHALL NOT BE DEPRIVED BY THE RESPONDENTS OF HER ADMISSION / ENROLLMENT INTO THE MASTER OF SCIENCES - BIOTECHNOLOGY POST GRADUATE PROGRAMME FOR THE ACADEMIC YEAR 2024-2025 IN THE R-3 INSTITUTION ON THE GROUND THAT SHE DOES NOT HAVE AN AADHAR NUMBER OR ENROLMENT AND ETC.

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THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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CORAM: HON'BLE MR JUSTICE SURAJ GOVINDARAJ

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ORAL ORDER

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The Petitioner is before this Court seeking for the following reliefs:

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a. Issue a writ, order of direction in the nature of mandamus or any other appropriate writ/order/direction declaring that the petitioner shall not be deprived by the Respondents of her admission/enrolment into the Master of SciencesBiotechnology post graduate programme for the

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3 - NC: 2024:KHC:47132 WP No. 29497 of 2024

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academic year 2024-2025 in the 3^rd Respondent institution on the ground that she does not have the Aadhaar number or enrolment.

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b. Issue a writ, order or direction in the nature of Mandamus or any other appropriate writ/order/direction directing the Respondents not to compel the petitioner to obtain and submit an Aadhar number or enrolment for the purpose of confirmation/approval of her provisional admission/enrolment into the Master of SciencesBiotechnology post graduate programme for the academic year 2024-2025 in the 3^rd Respondent institution.

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c. Issue a writ, order or direction in the nature of Mandamus or any other appropriate writ/order/direction directing the Respondents to allow the Petitioner to complete here admission confirmation/ approval formalities for the Master of Sciences-Biotechnology post graduate programme for the academic year 2024-2025 in the 3^rd Respondent institution without insisting/compelling the petitioner to procure and/or furnish an Aadhar number; and

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d. Grant such other relief/s as this Hon’ble Court deems fit to grant in the facts and circumstances of the case in the interest of justice.

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The grievance of the petitioner was that the petitioner not being a holder of aadhar card, in view of the Unified University College Management System [UUCMS] more particularly Clause 12 thereof, it was mandated that the petitioner provide aadhar details.

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NC: 2024:KHC:47132 WP No. 29497 of 2024

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On notice being issued, learned AGA has today submitted revised frequently asked questions. She submits that the FAQs have been revised and henceforth, there won’t be requirement of any details of the aadhar card being required to be uploaded on the website.

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The revised FAQs, more particularly FAQ No.7 reads as under:-

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“7. I do not have an Aadhaar Number. What should I do?

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Department of Higher Education is notified under 4(4)(b)(ii) of the Aadhaar Act, 2016, under this Department can seek Aadhaar on voluntary basis, for registration of students and monitoring of attendance as per rule 5 of the Aadhaar Authentication for Good Governance (Social Welfare, Innovation Knowledge) Rules, 2020.”

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In terms of the said FAQ, it is clear that providing of aadhar is purely on a voluntary basis. Since the same is made voluntarily, it is upto the petitioner to provide the aadhar details or not at the choice of the petitioner. In that background, I pass the following:

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NC: 2024:KHC:47132 WP No. 29497 of 2024

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ORDER

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i) The Writ Petition is partly allowed.

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ii) Respondent No.3 is directed to admit the petitioner in terms of FAQ No.7 extracted hereinabove by not insisting on the petitioner to provide aadhar number or aadhar details.

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iii) Since the FAQ has been uploaded, any changes required to be made in the portal would have to be made by the concerned authority being respondent No.4 or respondent No.5 or any other service provider engaged by them at the earliest at any rate within two weeks from the date of receipt of copy of this order.

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Sd/(SURAJ GOVINDARAJ) JUDGE

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PRS List No.: 2 Sl No.: 10

Ms H Lalnunfeli v. State of Karnataka

Case brief

What is this about?

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Ms H Lalnunfeli v. State of Karnataka

Case brief

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