The court however said that the order is subject to the decision of Supreme Court on a petition filed by Justice KS Puttaswamy (retd).
D A RASHID
Srinagar, Publish Date: Sep 12 2017 12:10AM | Updated Date: Sep 12 2017 12:10AM
The High Court on Monday ruled that biometric attendance in government offices be not linked to Aadhaar in Jammu and Kashmir.
Disposing of a Public Interest Litigation, a division bench of Chief Justice BadarDurrez Ahmed and Justice Ali Muhammad Magrey held that that biometric attendance system can be installed in government offices but the attendance be not linked to Aadhaar card.
The directions came after the court confirmed its order of May 8, 2017 whereby it had said that Aadhaar should not be made mandatory for biometric attendance in offices.The court however said that the order is subject to the decision of Supreme Court on a petition filed by Justice KS Puttaswamy (retd).
Advocate Syed Musaib had approached the court though the PIL and submitted that Aadhaar cannot be made mandatory in accordance with the Supreme Court directions.
In October 2016, the High Court had stayed state government’s order that had made it mandatory for its employees to procure Aadhaar cards for Aadhaar-based biometric attendance in government offices.
The state government vide an order (GAD (175/2006-Part file) dated September 1, 2016 had made procurement of Aadhaar card mandatory for its employees for Aadhar Based Biometric Attendance in offices.
The petitioner had, however, challenged the order with the contention that the government was in clear contravention of the constitutional bench order of the Supreme Court in Justice K.S Puttaswamy (Retd) &Anr versus Union of India case as well in violation of a three-judge bench order of the apex court.
It is also violative of Article 14 and 21 of Constitution of India as applicable to State of J&K, the petitioner pleads.
While in February 2016, the J&K government by an order (35-F of 2016) had made Aadhaar mandatory for government employees, pensioners and other such people, the High Court on August 3, 2016 quashed the order.
The court had made it clear that it was beyond doubt that the government order issued could not sustain as it was in violation of the interim orders passed by the Supreme Court.