The Madras High Court has rejected the plea of a teacher who challenged an Aadhar enabled biometric attendance system by the Tamil Nadu government for teaching and non-teaching staff government schools. (Order copy, provided by LiveLaw) The court had directed the government to implement the Aadhar-enabled biometric attendance system in all government schools and government-aided institutions as per the Government policy and as expeditiously as possible, so as to ensure proper attendance to the teaching and non-teaching staff working in all educational institutions. Petition challenging Aadhar-enabled biometric attendance R. Annal, the petitioner, is a teacher in Government High School in Kanyakumari District of Tamil Nadu. She challenged the introduction of Aadhar-based biometric attendance system, on the ground that its mandatory implementation would cause an infringement of her Fundamental Right to privacy and Right to dignity, autonomy and free choice, as guaranteed under the Constitution. The petition contended that she has not enrolled her under the Aadhar Act as it is not mandatory. This was based on the Constitutional bench’s judgment in the Aadhaar Case, putting forward the argument that a mandatory requirement to register under the Aadhaar Act for employment was held as unconstitutional. Madras HC Order The High Court observed that in terms of public servants, the record of individual particulars and identification cannot be construed as a violation of the fundamental rights ensured under the Constitution of India. Aadhaar Judgment: Inapplicable to public servants The Court further observed that the judgment of the Constitutional bench from the Aadhaar case…
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