The Bombay High Court said that genuine residents cannot be kept in endless administrative limbo due to faulty biometric records, issuing multiple directions to the UIDAI while granting relief to twin brothers facing persistent Aadhaar updation issues today.
Bombay High Court said that genuine residents cannot be kept in endless administrative limbo because of faulty biometric records, as it issued multiple directions and guidelines to the UIDAI while granting relief to twin brothers who struggled with Aadhaar updation issues.
In its May 6 judgment, the court expressed concern over the growing number of cases filed by bona fide citizens before constitutional courts due to biometric discrepancies and technical irregularities in Aadhaar records.
It added,
“Such situations result in unnecessary hardship, denial of access to essential services and avoidable litigation,”
The twin brothers, both aged 19, approached the High Court seeking directions for UIDAI and its regional officer to promptly update their biometric details in their existing Aadhaar cards or issue fresh ones without any further delay.
Advocate Harshada Shirsath, appearing for the twins before Justices Ravindra V Ghuge and Hiten S Venegavkar, submitted that the brothers received their Aadhaar cards in 2012 when they were minors, after submitting the required documents and biometrics.
She argued that once they attained the relevant age, they were required to update their biometric records mandatorily. She further stated that the brothers approached the authorities in 2022 and submitted the updated details, but updated Aadhaar cards were not issued to them.
She said the brothers then contacted the UIDAI helpline, which rejected their request on the ground of biometric mismatch. She added that their grievances raised through the UIDAI portal prompted the UIDAI Regional Office to advise the twins to cancel their existing Aadhaar numbers and enrol afresh.
Following that advice, the petitioners submitted the required consent forms.
However, in May 2022, Aadhaar officials informed them about a new circular that revoked the earlier cancellation process. They were then directed to update their existing Aadhaar numbers, but this also did not yield results.
Shirsath contended that the student petitioners require Aadhaar for admissions, insurance, and verification, and that their provisional admissions were at risk of being cancelled.
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Justice Venegavkar, who authored the judgment, observed that the statutory framework under the Aadhaar Act, 2016 does not support an indefinite administrative limbo and an eligible resident cannot be left remediless merely because an earlier biometric record is defective.
The court directed the brothers to approach UIDAI within 15 days by submitting fresh Aadhaar applications, and asked the authorities to decide their applications with reasons within four weeks, in accordance with law.
Through a series of directions, the High Court also stated that Aadhaar authorities must inform citizens who approach them with grievances whether in writing or via official electronic communication about the exact status of the Aadhaar record and the legally permissible remedial procedure available.
