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2025 DAILYLAW 18850 (AP)

JASHWANTH MAHAMKALI v. THE UNIQUE IDENTIFICATION AUTHORITY OF INDIA (UIDAI)

WP/13094/2024 · 2025-01-21

K Manmadha Rao

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Judgment text

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IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) TUESDAY, THE TWENTY FIRST DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE DR JUSTICE K. MANMADHA RAO WRIT PETITION NO: 13094 OF 2024 Between: Jashwanth Mahamkali, S/o. Mahamkali Mohan Rajiv, Aged 10 years, Occ; Student Minor, represented by his Natural Guardian And Father Mahamkali Mohan Rajiv, S/o. M. Venkateswarlu, aged 33 years, R/o. Flat No.101, 2' Floor, Nandi Paradise, Kranthi Nagar, Nandi Green Homes, Nandyala, Kurnool District, State of Andhra Pradesh. nd ...PETITIONER AND 1. The Unique Identification Authority Of India (UIDAI), Rep. by its Chief Executive Officer Bangla Sahib Road, Behind Kali Mandir, New Delhi- 110001. 2. Badminton Association of India, Rep. by its General Secretary, D-6/10, VasantVihar, New Delhi - 110 057. 3. Andhra Pradesh Badminton Association, Rep. by its General Secretary, Venkata Enclave, B - Block, II nd Floor, 4 - Tikkie Road, Vijayawada - 520 010, State of Andhra Pradesh. ...RESPONDENTS Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a Writ, Order or direction more particularly one in the nature of Writ of Mandamus (i) Declaring the action of the 2'^'^ respondent in issuing the Circular for Aadhar Card Verification during JR. Tournaments vide BAI/GEN/BAI ID/075/2024 dated 11-06-2024 and the consequential Circular for Aadhar History Verification during JR. age Group Tournaments vide BAI/AADHARA/ERIFICATION/078dated 12-06-2024, as illegal. r 0 arbitrary and violative of Article 19 (1)(g) of the Constitution of India particularly contrary to the provisions of the Aadhaar (Targeted Delivery of Financial and other Subsidies, benefits and services) Act, 2016 and the The Registration of Births and Deaths Act 1969 and the Rules made there under, consequently set aside the same (ii) To direct the 2""' respondent to consider and pass appropriate orders on the Explanation dated 01-05-2023 submitted on behalf of the petitioner by his father, pursuant to the Letter dated 22-04- 2023 issued by the 2""' respondent (iii) Direct the respondents 2 and 3 herein, to permit the Petitioner to permit the petitioner to participate in the upcoming the Badminton Tournaments to be conducted by the respondents 2 and 3, without reference to the Letter dated 22- 04-2023, issued by the 2 respondent. more nd lA NO: 1 OF 2024 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to suspend the operation of the impugned Circular for Aadhar Card Verification during Jr. Tournaments (BAI/GEN/BAI ID/075/2024 dated 11-06- 2024) and the consequential Circular for Aadhar History Verification during Jr. Age Group Tournaments (BAI/AADHARA/ERIFICATION/078 dated 12- 06-2024) issued by the 2"^^ respondent during the pendency of the writ petition. lA NO: 2 OF 2024 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to Direct respondents 2 and 3 to permit the petitioner to participate in the upcoming Badminton Tournaments to be conducted by them, without reference to the Letter dated 22-04-2023 issued by the 2"^^ respondents pending the disposal of the main Writ Petition. 4^ lA NO: 3 OF 2024 Between: Badminton Association of India, Rep. by its General Secretary, D-6/10 VasantVihar, New Delhi - 110 057. ...PETITIONER/RESPONDENT No.2 AND 1. Jashwanth Mahamkali, S/o. Mahamkali Mohan Rajiv, Aged 10 years, Occ: Student Minor, represented by his Natural Guardian And Father Mahamkali Mohan Rajiv, S/o. M. Venkateswarlu, aged 33 years, R/o. Flat No.101, Floor, Nandi Paradise, Kranthi Nagar, Nandi Green Homes, Nandyala, Kurnool District, State of Andhra Pradesh. ...RESPONDENT/WRIT PETITIONER 2. The Unique Identification Authority Of India (UIDAI), Rep. by its Chief Executive Officer Bangla Sahib Road, Behind Kali Mandir, New Delhi- 110001. Andhra Pradesh Badminton Association, Rep. by its General Secretary, Venkata Enclave, B - Block, II nd Floor, 4 - Tikkie Road, Vijayawada - 520 010, State of Andhra Pradesh. 3. ...RESPONDENTS/RESPONDENTS Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to vacate the interim order dt.28-06-2024 in I.A.No.2 of 2024 in W.P. No. 13094 of 2024 and dismiss the above writ petition with cost. Counsel for the Petitioner: SRI ANUP KOUSHIK KARAVADI Counsel for the Respondent No.1 : SRI AZIM H LASKAR Counsel for the Respondent No.2 : SRI BIKAS KARGUPTA Counsel for the Respondent No.1 : SRI C. V. R. RUDRA PRASAD (CENTRAL GOVT COUNSEL) Counsel for the Respondent No.3 : The Court made the following: ORDER APHC010261552024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3310] TUESDAY ,THE TWENTY FIRST DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE K MANMADHA RAO WRIT PETITION NO: 13094/2024 Between: ...PETITIONER Jashwanth Mahamkali AND ...RESPONDENT(S) The Unique Identification Authority Of India Uidai and Others Counsel for the Petitioner: 1.ANUP KOUSHIK KARAVADI Counsel for the Respondent(S): 1.0 V R RUDRA PRASAD (CENTRAL GOVT COUNSEL) 2.ALAPAT1 LALITH NIKHIL The Court made the following: ORDER: This writ petition is filed under Article 226 of the Constitution of India for the following relief; issue a Writ Order or direction more particularly one in the nature of Writ of Mandamus Declaring the action of the 2nd respondent in issuing the Circular for Aadhar Card Verification during JR Tournaments vide BAI/GEN/BAI ID/075/2024 dated 11.06.2024 and the (i)consequential Circular for Aadhar History Verification during videJR Group BAI/AADHAR/VERIFICATION/078 dated 12.06.2024 illegal, arbitrary and violative of Article 19 (1)(g) of the Constitution of India more particularly contrary to the provisions of the Aadhaar Targeted Delivery of Financial and other Subsidies benefits and services Act 2016 and the The Registration of Births and Deaths Act 1969 and the Rules made there under consequently set aside the same Age Tournaments as To direct the 2nd respondent to consider and pass appropriate orders on the Explanation dated 01.05.2023 submitted on behalf of the petitioner by his father pursuant to the Letter dated 22.04.2023 issued by the 2nd respondent To direct the respondents 2 and 3 herein to permit the Petitioner to permit the petitioner to participate in the upcoming the Badminton Tournaments to be conducted by the respondents 2 and 3 without reference to the Letter dated 22.04.2023 issued by the 2nd respondent And to pass...” 2. Sri Anup Koushik Karavadi, learned counsel for the petitioner and learned counsel for the 1"* respondent and Sri Azim H Laskar and Sri Bikas Kargupta, learned counsel representing learned counsel for the 2'’'^ respondent are present. 3. Perused the material on record. 4. Learned counsel for the 2"*^ respondent has filed a Memo along with Revised Circular For Aadhar History verification during JR. Age tournaments vide BAI/GEN/AADHAR/157/2024 dated 28.09.2024 issued by the Badminton Association of India, wherein it is stated as follows: group ... If any protest comes during Junior Age Group Tournaments, and discrepancies are found in Aadhar history verification the players will not be immediate disqualified or excluded. Instead, the following procedure will be followed: 1. Players will be required to submit their consent/affidavit confirming that their date of birth is accurate. Additionally, they must agree to cooperate with any subsequent investigation that BAI may conduct. 2, If any minor players (U13, U11), the consent of parents/guardians will be required for accepting responsibility for the information provided. 3. Players must provide documents as per the BAI Standard Operating Procedures (SOP) to support their age verification. 4. If necessary, BAI will conduct a medical examination of the players to confirm their age eligibility. 5. If any player fails to provide the Aadhaar OTP for Aadhar history verification, they must submit an affidavit confirming the accuracy of their details. Failure to submit the affidavit will result ■ f in the player being ineligible to participate in the next BAI/State tournament and will not receive any certificates until the investigation is completed. 5. In view of the above revised Circular, learned counsel for the petitioner intends to close the writ petition. 6. Permission is accorded. 7. Accordingly, the Writ Petition is closed. There shall be no order as to costs. Miscellaneous petitions pending, if any, in this Writ Petition shall stand closed. Sd/- M SRINIVAS ASSISTANT REGISTRAR SECTION OFFICER //TRUE COPY// f ,/ To. 1. One CC to Sri Anup Koushik Karavadi, Advocate [OPUC] 2. One CC to Sri C. V. R. Rudra Prasad, (Central Govt Counsel) [OPUC] 3. One CC to Sri Azim H Laskar, Advocate (OPUC) 4. One CC to Sri Bikas Kargupta, Advocate (OPUC) 5. Three C.D. Copies. Cnr HIGH COURT DATED:21/01/2025 ORDER ANO^ g 2 <1 JAN 2G25 fn WP.No.13094of 2024 . Current Section . ^ CLOSING THE W.P. WITHOUT COSTS