Plea against move on Aadhaar-based attendance

HC seeks reply from Ministry of Ayush, Central Council of Indian Medicine

March 11, 2019 01:39 am | Updated 01:39 am IST - New Delhi

The Delhi High Court has sought reply of the Ministry of Ayush on a petition against its decision to install Aadhaar-based biometric attendance system in Indian medical colleges.

Justice C. Hari Shankar also asked Central Council of Indian Medicine (CCIM) to give its response on the petition and listed the case for further hearing on May 23.

Uttarakhand-based Uttaranchal Ayurvedic College, has in its plea, sought to quash the January 9 minutes of the meeting by which the Ministry directed CCIM to conduct surprise inspections of all colleges possessing five-year permission, claiming that it is in contravention of the Ministry’s July 2012 notification and the law laid down by the Supreme Court.

The petition also claimed that the Supreme Court has held that the inspection may be done on a complaint or otherwise by a team appointed by the central council only.

‘Bad in law’

It said a decision was also taken in the January meeting for implementation of Aadhaar enabled geo-location based biometric attendance system for staff and faculty of the colleges. It also claimed that the minutes of meeting are bad in law and liable to be quashed as this attendance system is in violation of the apex court judgment in which it was held that Aadhaar and its usage cannot be forced upon any individual.

“The minutes of meetings were not sent to all ayurvedic colleges and also the same was not uploaded on the official website of the Ministry of Ayush…The authorities may proceed with the decision taken in minutes of meeting dated January 9, 2019, therefore the present petition,” it said.

During the hearing, the court made it clear that if any action is taken by the authorities before the next date of hearing, on the basis of the decision which has been challenged in the petition, they would abide by the outcome of these proceedings.

The plea also alleged that the Ministry has passed several directions which are contrary to law such as - conduct of inspections even in Ayurvedic, Homoeopathic, Unani and Siddha colleges, which were granted permission for five years.

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