Economic
Times: New Delhi: Wednesday, 10 December 2014.
Refusing to
issue caste certificate without Aadhar card is unlawful and against the Supreme
Court orders in this regard, Central Information Commission has held issuing
show cause notice to Delhi government official.
The
Commission held that Sub-Divisional Magistrate of Patel Nagar also violated
Right to Information Act by not declaring suo-moto that Aadhar had been made
mandatory for those seeking caste certificate.
The case
relates to one Indra Singh who applied for caste certificate in 2012 when
Aadhar card was not a requirement.
The official
submitted that the ambitious project of UPA government was later made mandatory
for the caste certificate and computer software rejects caste certificate unless
Aadhar number is fed into it.
"It is a
serious policy issue which is affecting the people and creating the
difficulties in getting the caste certificate," Information Commissioner
Sridhar Acharyulu said.
He said the
Department has not made any public announcement about the requirement of Aadhar
card for issuing the certificate which should have been done in accordance with
the proactive disclosure clause of the RTI Act.
"Refusing
to issue caste certificate on the ground of not having Aadhar card is unlawful
and against the orders of the Supreme Court," Acharyulu said.
He said
non-disclosure of obligatory information under Section four compels the people
to pay Rs 10 and seek information under section 4 which is against the spirit
of the RTI Act.
Acharyulu
said it is breach of principles of natural justice to deny the certificate
which people were getting without informing them the change in requirement.
"Whether
a person is eligible to get Aadhar card or not, he would certainly be eligible
to get certification of caste. The PIO cannot take the excuse of absence of
Aadhar card to deny the rights of the people. This was made very specific by
the Supreme Court on various occasions," he said.
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