In this regard, attention is drawn towards Office Memorandum dated 2-0.12.2018 issued by MeitY through UIDAI, where it has been stated that “An Aadhaar number can be used for establishing identity of an individual subject to authentication and thereby, per se its not a proof of date of birth” (copy enclosed). {Para 4}
5. This aspect of the Aadhar Act, 2016 has been reiterated/highlighted/stressed upon by different High Courts in recent judgments. The most recent one is given by the Hon’ble High Court of Bombay, in the case of State of Maharashtra V/S Unique Identification Authority of India And Ors. dated 28.07.2023 (copy enclosed).
6. In view of the above, it is required that use of Aadhaar, as a proof of DoB needs to be deleted from the list of acceptable documents.
7. This issues with the approval of the Competent Authority.
Encl : As above.
(Sanjeev Yadav)
Director
Tel: 011-23478609
Email: dirl.auth-hq@uidai.net.in
(Emphasis supplied)
9.7 Judicial notice has also been taken of the circular above. Recently, a learned Single Judge of the Gujarat High Court in Gopalbhai Naranbhai Vaghela v. Union Of India & Anr.15 in view thereof directed the release of the petitioner's pension in accordance with the date as mentioned in the School Leaving Certificate, keeping aside the difference in the date of birth as mentioned in the Aadhar Card, which was not relevant for the purpose of such consideration.
9.8 In Shabana v. NCT of Delhi, a learned Division Bench of the Delhi High Court in a case where the petitioner-mother sought a writ of habeas corpus for her daughter, recorded a statement made for and on behalf of UIDAI that “Aadhar Card may not be used as proof of date of birth.”
REPORTABLE
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NOS. OF 2024
(Arising out of SLP(C)Nos.23939-23940 of 2023)
SAROJ & ORS. Vs IFFCO-TOKIO GENERAL INSURANCE CO. & ORS.
Coram: SANJAY KAROL J.,
Citation: 2024 INSC 816.
Dated:24th October, 2024.
Print Page
