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2025 DAILYLAW 16462 (ALL)

SHIV MANGAL SINGH v. STATE OF U.P. AND 4 OTHERS

WPIL/281/2025 · 2025-03-06

Arun Bhansali, Kshitij Shailendra

Public Interest Litigationbody2025

Judgment text

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Neutral Citation No. - 2025:AHC:34269-DB Chief Justice's Court Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 281 of 2025 Petitioner :- Shiv Mangal Singh Respondent :- State of U.P. and 4 others Counsel for Petitioner :- Sanjeet Kumar Yadav, Swati Singh Counsel for Respondent :- Seema Agarwal, S.C. Hon'ble Arun Bhansali, Chief Justice Hon'ble Kshitij Shailendra, J. 1. This petition, purportedly in public interest, has been filed by the petitioner seeking a direction to the respondent authorities not to pressurize the parents of the students to give their consent in 'Yes' in the form for generating APAAR ID forthwith. 2. Submissions have been made that petitioner is a public spirited person and is trying to espouse a public cause. He has no personal or private interest in the matter. 3. The petitioner claims himself to be Chairman/Founder of Foundation/Trust namely Operation - Vijay (Buraiyon Ke Khilaf Jang) registered at New Delhi. It is indicated that on 11.10.2023, the Secretary to the Government of India issued a letter requesting all the Chief Secretaries of the State/UTs to direct the schools under their jurisdiction to get consent of the parents of the students on the form for the purpose of generating the APAAR ID. It is indicated that though in the letter, there is a direction to take consent of parents of the students in Yes or No, the letter dated 25.09.2024 issued pursuant to letter dated 11.10.2023 directs all the Basic Shiksha Adhikaries of Uttar Pradesh to take consent from the parents of the students for generating the APAAR ID, which is contrary to the letter dated 11.10.2023. It is claimed that after issuance of letter dated 22.01.2025, which has been issued following the letter dated 25.09.2024, all the Principals and Head Masters of District Sambhal are pressurizing the parents of the students to give consent in this regard. 4. Counsel for the petitioner submitted that issuance of communication dated 22.01.2025 is contrary to the original letter dated 11.10.2023 which made the consent optional and, therefore, the entire action deserves to be set aside. 5. Learned Standing Counsel made submissions that the petitioner apparently is a busybody wherein a Trust has been formed having three Trustees of the same family i.e. petitioner, his wife and daughter, while the addresses of the Directors are of Kanpur Rural and Agra, the Trust has been registered at Delhi and is having its registered office also at Delhi. No cause and basis have been indicated for the allegations made in the petition and apparently, based on the three orders which have been issued for generating APAAR ID, the petition has been filed and, therefore, the same deserves dismissal. 6. We have considered the submissions made by counsel for the parties and have perused the material available on record. 7. The petition alleges harassment of the common man and parents of the students in purportedly pressurizing them for giving consent for generating APAAR ID. The entire petition is based on assumptions as the petitioner has not produced any material or source of information wherein the school authorities have pressurized the students/parents for giving consent for generating APAAR ID. 8. A perusal of the document produced by the petitioner along with the supplementary affidavit at page 11, clearly shows that a parent is required to submit his digital consent before the ID is generated and, therefore, in case anybody had objection to the same, the student/parent would have made a complaint. The communication sought to be questioned, has been issued on 22.01.2025 and the representation dated 28.01.2025 has been sent by the petitioner alleging pressurization, which apparently appears to be an academic exercise, as neither in the complaint nor in the petition, name of any school etc. has been disclosed. 9. In view of above fact situation, we do not find any reason to entertain the petition which is wholly laconic in relation to the cause of action in purported public interest, the petition is dismissed. Order Date :- 7.3.2025 AHA (Kshitij Shailendra, J) (Arun Bhansali, CJ) Digitally signed by :- AFZAL HUSAIN ABBASI High Court of Judicature at Allahabad