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1 IN THE HON BLE HIGH COURT OF DELHI AT NEW DELHI W.P (C) NO. OF 2018 IN THE MATTER OF: ABHIMANYU BISHNOI (Through Guardian) PETITIONER Versus ALL INDIA INSTITUTE OF MEDICAL SCIENCES & ORS RESPONDENTS INDEX S.NO PARTICULARS PG.NO 1. Notice of Motion 2. Urgent Application 3. Court Fees 4. Memo of Parties 5. Synopsis and List of Dates 6. Petition under Article 226 of the Constitution of India for issuance of writ of mandamus for immediate intervention of this Hon ble Court against the grossly unfair, negligent manner of conducting of AIIMS MBBS 2018 examination

2 by Respondent No. 1 alongwith the Affidavit. 7. Annexure P-1: A true copy of the Petitioner s admit card. 8. Annexure P-2: A true copy of the Aadhaar Card of the Petitioner. 9. Annexure P-3: A true copy of the Aadhaar Verification Page as available online which shows that the Aadhaar Number exists. 10. Annexure P-4: A true copy of the public Circular No /Gen/2014/Legal-UIDAI issued by UIDAI. 11. Annexure P-5: A true copy of the Notification bearing reference no. No.F.5-5/2017/Exam.Sec./MBBS dated Annexure P-6: A true copy of the prospectus of the AIIMS MBBS 2018 Examination and the online registration for the AIIMS MBBS Annexure P-7: A true copy of the Registration form of the Petitioner. 14. Annexure P-8: A true copy of the dated Application under section 151 of the code of civil procedure, 1908 for seeking exemption from filing typed copies of the dim annexures alongwith Affidavit. 16. Certificate u/s 65-B of the Indian Evidence Act, Vakalatnama

3 THROUGH [PRAKHAR DEEP][AKSHAY SRIVASTAVA] [D/1372/2014] [D/2421/2016] ADVOCATES FOR THE PETITIONER JAIPUR HOUSE, 3 RD FLOOR, 62, RAMPURI, KALKAJI NEW DELHI Phone No: , address: prahkar2009@live.in, akshay91srivastava@gmail.com PLACE: NEW DELHI DATE:

4 IN THE HON BLE HIGH COURT OF DELHI AT NEW DELHI W.P (C) NO. OF 2018 IN THE MATTER OF: ABHIMANYU BISHNOI (Through Guardian) Versus PETITIONER ALL INDIA INSTITUTE OF MEDICAL SCIENCES & ORS RESPONDENTS NOTICE OF MOTION Dear Sir, Please take notice that the accompanying Writ Petition is being filed on behalf of the Petitioner before the Hon ble High Court of Delhi at New Delhi on an urgent basis. A complete set of the Writ Petition along with annexures is enclosed herewith. Kindly acknowledge receipt. The Writ Petition may be listed for hearing on or any other day thereafter. Yours Sincerely, [PRAKHAR DEEP][AKSHAY SRIVASTAVA] [D/1372/2014] [D/2421/2016] ADVOCATES FOR THE PETITIONER JAIPUR HOUSE, 3 RD FLOOR, 62, RAMPURI, KALKAJI NEW DELHI Phone No: , address: prahkar2009@live.in, akshay91srivastava@gmail.com, PLACE: NEW DELHI DATE:

5 IN THE HON BLE HIGH COURT OF DELHI AT NEW DELHI W.P (C) NO. OF 2018 IN THE MATTER OF: ABHIMANYU BISHNOI (Through Guardian) Versus PETITIONER ALL INDIA INSTITUTE OF MEDICAL SCIENCES & ORS RESPONDENTS URGENT APPLICATION To, The Registrar, High Court of Delhi, New Delhi. Sir, You are requested to kindly treat the accompanying Writ Petition as an urgent one as per the Rules of this Hon ble Court. The ground for urgency in the matter is: The Petitioner has been denied basic fundamental rights to appear in an examination and the result of the same is to be declared soon. Further as prayed for in the present petition. Through [PRAKHAR DEEP][AKSHAY SRIVASTAVA] [D/1372/2014] [D/2421/2016] ADVOCATES FOR THE PETITIONER JAIPUR HOUSE, 3 RD FLOOR, 62, RAMPURI, KALKAJI NEW DELHI Phone No: , address: prahkar2009@live.in, akshay91srivastava@gmail.com, PLACE: NEW DELHI DATE:

6 IN THE HON BLE HIGH COURT OF DELHI AT NEW DELHI W.P (C) NO. OF 2018 IN THE MATTER OF: ABHIMANYU BISHNOI (Through Guardian) PETITIONER Versus ALL INDIA INSTITUTE OF MEDICAL SCIENCES & ORS RESPONDENTS MEMO OF PARTIES 1. ABHIMANYU BISHNOI (Through Guardian) S/oShBhal Singh R/o PN-96/8, Hawk Enclave, Air Force Station, Bidar, Karnataka, India PETITIONER VESUS 1. ALL INDIA INSTITUTE OF MEDICAL SCIENCES Through Assistant Controller of Examinations. Examination Section, Convergence Block, All India Institute of Medical Sciences, Ansari Nagar, New Delhi RESONDENT NO.1 2. UNION OF INDIA Through its Secretary Ministry of Health and Family Welfare Room No. 348; A Wing, Nirman Bhavan, New Delhi hfminister@gov.in RESPODNENT NO.2

7 3. UNIQUE IDENTIFICATION AUTHORITY OF INDIA (UIDAI) Through its Secretary 3 rd Floor, Tower II, Jeevan Bharati Building, Connaught Circus, New Delhi Also at: Bangla Sahib Road, Behind Kali Mandir, Gole Market, New Delhi help@uidai.gov.in RESPONDENT NO. 3 Through [PRAKHAR DEEP][AKSHAY SRIVASTAVA] [D/1372/2014] [D/2421/2016] ADVOCATES FOR THE PETITIONER JAIPUR HOUSE, 3 RD FLOOR, 62, RAMPURI, KALKAJI NEW DELHI Phone No: , address: prahkar2009@live.in, akshay91srivastava@gmail.com, PLACE: NEW DELHI DATE:

8 SYNOPSIS AND LIST OF DATES The Petitioner is the victim of the lack of infrastructure and technological lapses of the digital India. The Petitioner is medical aspirant and has been preparing for the entrance for the prestigious All India Institute of Medical Sciences from last two years. The Petitioner successfully registered for the AIIMS MBBS 2018 Examination. He also received the admit card. On the day of examination, as required, the Petitioner was carrying his original Admit Card, photograph and Aadhaar card. Despite complying with all the formalities, the Petitioner was denied entry to the examination hall because the QR code on his Aadhaar could not be scanned by the staff of Respondent No. 1 present at the gate. It is pertinent to note that for verification of all Indian examination, the staff was using a mobile phone and verifying the QR code on Aadhaar using a mobile app. The present Writ Petition is being filed under Article 226 of the Constitution of India by the Petitioners herein seeking, inter alia, a writ in the nature of Mandamus for immediate intervention of this Hon ble Court against the grossly unfair, negligent and mismanaged manner of conducting the AIIMS MBBS 2018 Examination by Respondent No and , for the purpose of admissions to the course of Bachelor of Medicine and Bachelor of Surgery (M.B.B.S) course offered at premier All India Institutes of Medical Sciences.

9 LIST OF DATES AND EVENTS 2016 The Government of India introduced a new Identification Card in the name of Aadhaar Card, through Aadhaar Act, The very purpose of this Aadhaar Card was to provide a unique number to every citizen in India and the same is a centralised and universal identification number The Government of India passed a public Circular bearing No /Gen/2014/Legal-UIDAI dated with subject titled Exception handling in Public Distribution Services and other welfare Schemes giving clarifications on the problems faced by the citizens of this country. The said circular duly mentioned that people will not be denied benefits in case of failure of Biometric authentication due to network/connectivity issue or due to poor biometric of resident etc The Respondent No. 1 ii.vide Notification bearing reference no. No.F.5-5/2017/Exam.Sec./MBBS dated , the Assistant Controller (Examinations) of the Respondent No. 1 invited applications for Registration in the prescribed form through online mode only for the Entrance

10 Examination for admission to the MBBS Course at AIIMS The Respondent no.1 published the Prospectus of the All India Institute of Medical Sciences, New Delhi and declared the commencement of the admission procedure for holding a national level Examination namely, AIIMS MBBS Entrance Examination The Respondent No. 1 uploaded the duly verified and approved Admit Cards of all the applicants on their website The said admit card duly incorporated the description of the ID Proof and ID Card Number & The Respondents(s) conducted the national level AIIMS MBBS Entrance Examination, 2018 on (Saturday) and (Sunday) in two shifts per day. The Petitioner, reported at the Examination Center, ion Digital Zone idz, Rajapur Shahabad Road Shetty Institute of Technology, 5th Km, Rajpur-Shahabad Road, Gulberg, Kalaburagi (Gulbarga), Karnataka at the Reporting Time i.e. 01:30 PM. The

11 Petitioner having a valid Aadhaar Card bearing No when produced for verification was denied entry into the examination center by the concerned authorities. The concerned authorities told the Petitioner that since his Aadhaar Card is not getting scanned on their mobile phones, therefore the said Aadhaar Card is not a genuine one and thus did not allowed the Petitioner to appear in the exam. The Petitioner on being denied the opportunity to appear for the said examination, mailed his grievance to the concerned authorities over exams.ac@gmail.com, which has not been replied till date The Petitioner having his dreams shattered and being helpless against the acts of the Respondent(s) of denial of his basics rights is approaching this Hon ble High Court to address the same. Hence the present petition.

12 IN THE HON BLE HIGH COURT OF DELHI AT NEW DELHI W.P (C) NO. OF 2018 IN THE MATTER OF: ABHIMANYU BISHNOI (Through Guardian) Versus PETITIONER ALL INDIA INSTITUTE OF MEDICAL SCIENCES & ORS RESPONDENTS PETITION UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA FOR ISSUANCE OF WRIT OF MANDAMUS OR ANY OTHER APPROPRIATE WRIT FORIMMEDIATE INTERVENTION OF THIS HON BLE COURT AGAINST THE GROSSLY UNFAIR, NEGLIGENT MANNER OF CONDUCTING OF AIIMS MBBS 2018 EXAMINATION BY RESPONDENT NO. 1, AS THE PETITIONER WAS DENIED AN OPPORTUNITY OF APPEARING IN THE EXAMINATION AND THE SAME BEING VIOLATIVE OF ARTICLES 14, 19 AND 21 OF THE CONSTITUTION OF INDIA AND NOT IN COMPLAINCE WITH AADHAAR (TARGETED DELIVERY OF FINANCIAL AND OTHER SUBSIDIES, BENEFITS AND SERVICES) ACT, 2016 AND SUBSEQUENT NOTIFICATIONS. To: The Hon ble Chief Justice and His Companion Justices of the Hon ble High Court of Delhi at New Delhi The humble petition of the Petitioners abovenamed

13 MOST RESPECTFULLY SHOWETH: 1. The present Writ Petition is being filed under Article 226 of the Constitution of India by the Petitioners herein seeking, inter alia, a writ in the nature of Mandamus for immediate intervention of this Hon ble Court against the grossly unfair, negligent and mismanaged manner of conducting the AIIMS MBBS 2018 Examination by Respondent No and , for the purpose of admissions to the course of Bachelor of Medicine and Bachelor of Surgery (M.B.B.S) course offered at premier All India Institutes of Medical Sciences. 2. It is submitted that the action of Respondent No. 1 of denying the Petitioner (who was carrying the admit card and original photo id proof) to sit for the AIIMS MBBS 2018 Examination due to its Respondent No1 s own technical glitches and mis-conduct has resulted in gross violation of Fundamental Rights guaranteed to the Petitioner under Article 14, 19(1)(g) and 21 of the Constitution of India. The actions of the Respondent No. 1 seriously impinge upon the Petitioner s right to receive education at the choice of his institution. The Respondent s decision to not allow the Petitioner to take the exam has jeopardised the Petitioner s hard-earned prospects of studying M.B.B.S at the premier All India Institutes of Medical Sciences.

14 3. That the Petitioner herein is an aspiring medical student who applied for the MMBS course in prestigious AIIMS. The relevant details of the Petitioner for the AIIMS 2018 MBBS examination is as follows: Name: Abhimanyu Bhishnoi, s/o ShBhal Singh Roll No.: Candidate ID: Examination Centre: ON Digital Zone Idz, Rajapur, Shahabad Road, Shetty Institute of Technology, 5 th km, RajapurShahbad Road Gulbarga, Kalaburagi (Gulbarga), Karnataka A true copy of the Petitioner s admit card is marked and annexed as Annexure P That the Respondent No. 1 is All India Institute of Medical Sciences located at Ansari Nagar, New Delhi The Examination Section of the Respondent No. 1 was responsible was organising and managing the AIIMS 2018 MBBS examination. 5. That the Respondent No. 2 is Secretary, Ministry of Health and Family Welfare, Union of India. The Respondent No. 1 operates autonomously under the Respondent No That the Respondent No. 3 is 3. Unique identification authority of india (UIDAI) which is responsible for issuing and maintaining the database and verifying the Aadhaar Card. 7. That the relevant facts arising out the present Writ Petition as follows:

15 i. That the Respondent No. 1 through Ministry of Law and Justice (Legislative Department) vide Central Legislation titled The Aadhaar (Targeted Delivery of Financial and Other Subsidies, Benefits and Services) Act, 2016 [Act No. 18 of 2016] dated introduced a new form of Identification Card titled Aadhaar Card. The said ID card was introduced to provide the citizens of India a unique number which would be a centralised and universal identification number. The said ID card was introduced as a biometric document that stores an individual s personal details in a government database, in order to provide public welfare and citizen services. ii. The Petitioner being a citizen of India has an Aadhaar Card having unique identification number The same was uploaded by the Petitioner at the time of filling up the Application Form. The said Aadhaar Card when verified online shows the status as Aadhaar Number exist. It is pertinent to mention here that Aadhaar Card is not a mandate to avail the services. iii. Further, it is also pertinent to mention here that the Unique Identification Authority of India (UIDAI) vide Circular No /Gen/2014/Legal-UIDAI published on titled subject as Exception handling in Public Distribution Services and other welfare Schemes have duly clarified that the Failure of Biometric authentication due to network/connectivity issue or due

16 to poor biometric of resident etc, shall not be a ground to deny benefit or service based in possession of Aadhaar by him/her. A true copy of the Aadhaar Card of the Petitioner is annexed here for kind consideration of this Hon ble Court and the same is marked and annexed as Annexure P-2. A true copy of the Aadhaar Verification Page as available online which shows that the Aadhaar Number exists is marked and annexed as Annexure P-3. A true copy of the public Circular No /Gen/2014/Legal- UIDAI issued by UIDAI is annexed here for kind consideration of this Hon ble Court and the same is marked as Annexure P-4. iv. Vide Notification bearing reference no. No.F.5-5/2017/Exam.Sec./MBBS-2018 dated , the Assistant Controller (Examinations) of the Respondent No. 1 invited applications for registration in the prescribed form through online mode only for the Entrance Examination for admission to the MBBS Course at AIIMS, New Delhi and Eight other AIIMS (Patna, Bhopal, Jodhpur, Bhubaneshwar, Rishikesh, Raipur, Guntur (Andhra Pradesh) & Nagpur (Maharashtra). A true copy of the Notification bearing reference no. No.F.5-5/2017/Exam.Sec./MBBS-2018 dated is marked and annexed as Annexure P-5.

17 v. On , the Assistant Controller (Examinations) of the Respondent No. 1 published the Prospectus of the AIIMS MBBS 2018 Examination and the online registration for the AIIMS MBBS 2018 Examination commenced. A true copy of the prospectus of the AIIMS MBBS 2018 Examination and the online registration for the AIIMS MBBS 2018 is marked and annexed as Annexure P-6. vi. As per the Prospectus of the AIIMS MBBS 2018 Examination, the examination was to be held on and in two shifts. The examination and the process of registration was made completely online. Candidates were required to register themselves for the examination on the website urlwww.aiimsexams.org. vii. As per Chapter 6 i.e. Guidelines and Instructions for filling the Application Form of the Prospectus, for the purpose of issuance of Admit Card and verification, the candidates were required to provide the details through online mode itself. It was the responsibility of the candidate to provide correct details on the online website. The following details were required to be uploaded/entered online for the purpose of verification: a. A recent coloured photograph was to be uploaded. b. Candidate was required to upload the thumb impression on the website.

18 c. The candidate was also required to upload its signature. d. candidate was required to enter the details of a valid photo ID proof. For this purpose, the candidate had to provide the details such as: Type of ID Proof, ID no. given on the document, place of issue, date of issue and validity of the photo ID proof uploaded online. viii. Further, the candidates were given four options as valid photo ID proofs which were: a. Aadhaar Card b. Voter Id c. Passport d. Class 12 th Board admit card with photograph. It is submitted that as per the Prospectus only above four categories of photo ID proofs were considered valid for the purpose of registration for the AIIMS MBBS 2018 Examination. ix. Further, under Chapter 8.5 i.e. General Instructions regarding appearing in the examinations, it was mandated that the candidate shall be allowed entry to the examination all only if he/she carries the original admit card, along with a photograph and original photo ID proof. It was also mandatory that candidate was required to carry the original of the ID proof which was mentioned in the online application form.

19 x. As per Appendix 4: Procedure to be followed by Candidates of the Prospectus, the admit cards of the candidates were to be verified at main gate entry of the examination centre. Thereafter, the candidates had to proceed for the biometric attendance and only thereafter permitted to enter the examination hall. The biometric attendance was taken to ensure that the details of the candidate appearing for the examination matches with the details provided in the online application form. It is pertinent to note that the candidate is required to retain and keep the copy of the registration form which contain the details like photograph, Photo ID no, thumb impression and signature till the completion of admission process. This is to ensure the verification of credentials of the candidate at the later stage so as to avoid any fraud or misrepresentation. xi. The Petitioner is a medical aspirant who completed his class 12 th from Kendriya Vidyalaya, Air Force Station, District Bidar, Karnataka. The Petitioner had been preparing rigorously and with hard work and dedication for the AIIMS MBBS 2018 Examination since last two years. xii. The Petitioner registered himself for the AIIMS MBBS 2018 Examination. The Petitioner is a minor and at the time of registration, the only valid ID proof present with the Petitioner as

20 per the Chapter 6 i.e. Guidelines and Instructions for filling the Application Form of the Prospectus was the Aadhaar Card. xiii. The Petitioner filled the form online and provided his 12 digit unique Aadhaar Number in the registration form. Along with the Aadhaar number, the Petitioner also upload the requisite details such as coloured photograph, thumb impression and signature. A true copy of the Registration form of the Petitioner is marked and annexed as Annexure P-7. xiv. The registration form of the Petitioner was approved by the Examination Section of the Respondent No.1 and thus the Petitioner was issued an admit card to appear in the AIIMS MBBS 2018 Examination. As per the admit card issued by the Respondent No. 1, the Petitioner was chosen to appear for the examination on 26 May 2018 at 01:30 PM at the examination centre in Gulbarga, Karnataka. Having received the admit card after successfully completing the registration process, the Petitioner reached the examination centre within time on 26 May xv. As required under Chapter 8.5 i.e. General Instructions regarding appearing in the examinations, the Petitioner carried his Admit card, photograph and Aadhaar card to the examination centre.

21 xvi. When the Petitioner reached the examination centre, At the entrance gate, the Petitioner was asked to show his admit card, photograph and Aadhaar card. The staff present at the main gate verified the admit card and photograph of the Petitioner. With regards to the verification of photo ID proof i.e. the Aadhaar card, the staff at the entrance gate used a mobile device to scan the QR code present on the front side of the Aadhaar card. xvii. The staff was unable to scan the QR code and therefore denied entry to the Petitioner for the examination hall. The Petitioner was told that the Aadhaar card he was carrying was fake. It was not only the Petitioner, several other candidates were denied entry to the examination hall as the Aadhaar cards due to the same reasons. The Petitioner requested the staff to verify the unique 12 digit number on the Aadhaar card instead, however the staff refused to do so. The Petitioner pleaded to the staff present at the entrance gate that the Aadhaar card he was carrying and verified and there is a possibility that the QR code could not be scanned because of the technical glitch in the mobile app staff was using or due to the fact that camera of the mobile phone being used to scan and verify the QR code was unable to detect the fine print of the QR code. xviii. The Petitioner also showed the copy of the registration form and stated that the Aadhaar no. mentioned on the registration form

22 matched with the number written on the Aadhaar card. However, the staff rejected all the requests of the Petitioner stating that they had strict instructions to not allow the candidates for examination hall whose Aadhaar card could not be scanned and verified by the mobile app of the staff. xix. Despite several requests, the Petitioner was denied entry to the examination hall. The Petitioner was left in shock and stress and returned home. The Petitioner immediately verified the credentials of the his Aadhaar card on the website url The website shows that the Aadhaar of the Petitioner is verified. xx. Having realized that the Petitioner was unjustifiably and due to negligent conduct of the staff denied entry to the examination hall, the Petitioner on at 10:48 PM wrote an to the Assistant Controller of the examination at his i.d. The extract of the dated are reproduced hereunder: Dear Sir/Madam, This is to bring to your kind attention that when I reached the examination center "ion Digital Zone, IDZ, Rajapur, Shahabad Road Shetty Institute of Technologies, 5th Km, Rajapur Shahabad Road, Gulbarga, Kalaburagi, karnataka " bearing center Code - KA0301 to give my examination AIIMS MBBS ENTRANCE EXAMINATION, 2018, I was asked to present my aadhaar card. Despite presenting my valid aadhaar card to the concerned officials, the officials denied me the entry to the examination center as

23 it was not getting scanned in their digital machine, which was being used to scan the aadhaar card. When their machine did not detect my aadhaar card, I presented alternate id-proof in the form of Defence Dependent Card (Indian Air Force) which they denied to accept. It is further to inform you that when I requested them to let me speak to the concerned superior official with respect to the said issue. The concerned superior official at the Examination Center said that if your Aadhaar Card is not being detected in our machine, then we will not allow you to give the examination. My candidate details are as mentioned below: NAME - ABHIMNAYU BISHNOI ROLL NO CANDIDATE ID AADHAAR CARD NO You are requested to please take this issue on an urgent basis and help me with the same as I have been denied admission to the examination center and give my examination. Yours Sincerely, Abhimanyu Bishnoi A true copy of the dated is marked and annexed as Annexure P-8. xxi. The Petitioner enquired from his friends who had given the same examination in different centres, and the Petitioner was told that that no QR code verification was done in some other centres and the candidates were given permission to appear in the examination on the basis of physical verification of the Aadhaar card number only. 8. That the results of the AIIMS MBBS 2018 Examination is scheduled to be declared on and having received no response from

24 the Assistant Controller of Examination of the Respondent No. 1 the Petitioner having no remedy is constrained to approach this Hon ble Court. 9. Aggrieved by the acts of omission and commission of the Respondent No.1, the Petitioners are filing the present Writ Petition on the following amongst other grounds without prejudice to one another: GROUNDS A. BECAUSE the act of Respondent No. 1 denying the Petitioner (who was carrying the admit card and original photo id proof) to sit for the AIIMS MBBS 2018 Examination due to its Respondent No1 s own technical glitches and mis-conduct has resulted in gross violation of Fundamental Rights guaranteed to the Petitioner under Article 14, 19(1)(g) and 21 of the Constitution of India. B. BECAUSE the actions of the Respondent No. 1 seriously impinge upon the Petitioner s right to receive education at the choice of his institution. The Respondent s decision to not allow the Petitioner to take the exam has jeopardised the Petitioner s hard-earned prospects of studying M.B.B.S at the premier All India Institutes of Medical Sciences. C. BECAUSE as per the Prospectus issued by the Respondent No..1, the candidates had the option to submit other valid photo

25 ID proofs such as voter id, passport, class 12 th board admit card having photograph as well. It is submitted that none of these Photo ID proofs require any electronic verification by way of mobile application. Therefore, candidates who presented these photo ID proofs were admitted merely on the basis of physical verification and on the other hand the Petitioner and other candidates who were carrying Aadhaar card as Photo ID proofs had been put to a electronic verification test. The same resulted in an un-equal treatment to certain candidates and because of the default, technical glitches on part of Respondent No.1, the Petitioner and some other candidates were not allowed to appear in the examination. D. BECAUSE, the Petitioner had provided the details of the photo ID proof of Aadhaar card i.e. unique 12 digit Aadhaar no. in the registration form. The registration form was duly verified by the Respondent No. 1 and only thereafter the Petitioner was issued a admit card. Therefore, the Petitioner has complied to all the requisite formalities and as such, denial by the Respondent No.1 to Petitioner from appearing in the examination is arbitrary, unjustified and therefore requires this Court s immediate intervention. E. BECAUSE, the verification of 12 digit no. on the Aadhaar card is itself sufficient to check the authenticity and validity of the

26 Aadhaar Card and therefore there was no requirement for the QR scan. F. BECAUESE the Aadhaar card of the Petitioner is valid and the same is evident from the online verification report of the UDAI i.e Respondent No.3. Therefore, the decision of Respondent No. 1 to declare the Aadhaar as fake and thus deny permission to appear for the examination is arbitrary, illegal. G. BECAUSE, the Petitioner should not be punished due to the negligent and lackadaisical attitude of the Respondent No.1 by failing to address the genuine grievances of the Petitioner and other candidates who were denied permission to appear in the examination only because the mobile app of the staff of the Respondent No. 1 was unable to scan the QR code of the Petitioner and affected candidates properly. H. BECAUSE the Respondent No.1 has indulged in acts which have not only devoid the Petitioner of his Fundamental Rights but have also restrained him to appear in a national level examination which he was duly entitled to appear. It is pertinent to mention here that the Petitioner despite presenting valid and genuine Aadhaar Card as ID proof was denied entrance to the examination center as the aadhaar card was being scanned by the concerned officials at the examination center. The acts of the

27 concerned officials at the examination center is violative of the provisions of the Aadhaar Act, 2016 as under Section 7 of the said Act when read with Circular No /Gen/2014/Legal- UIDAI dated issued by UIDAI, as the same clarifies that failure of Biometric authentication due to network/connectivity issue or due to poor biometric of resident etc, would not be the reason to deny any citizen of India who is a holder of the Aadhaar Card any benefit he is entitled to avail. Section 7 of the Aadhaar Act, 2016 is reiterated herein under: The Central Government or, as the case may be, the State Government may, for the purpose of establishing identity of an individual as a condition for receipt of a subsidy, benefit or service for which the expenditure is incurred from, or the receipt therefrom forms part of, the Consolidated Fund of India, require that such individual undergo authentication, or furnish proof of possession of Aadhaar number or in the case of an individual to whom no Aadhaar number has been assigned, such individual makes an application for enrolment: Provided that if an Aadhaar number is not assigned to an individual, the individual shall be offered alternate and viable means of identification for delivery of the subsidy, benefit or service. The relevant portion of the Circular No /Gen/2014/Legal-UIDAI dated is reiterated herein as under: b. In case of failure of Biometric authentication due to network/connectivity issue or due to poor biometric of resident etc, he/she shall be provided subsidy, benefit or service based on possession of Aadhaar by him/her as provided in Section 7 of the Aadhaar Act, 2016 and the notification. I. For that based on the above relevant provisions under the law, the Petitioner was denied entrance to the examination centre and

28 such acts of the concerned officials and Respondent(s) is not only violative of the fundamental principles of the Aadhaar Act, 2016 but also have resulted in gross violation of the Basic Structure of the Indian Constitution. J. GROUNDS FOR INTERIM RELIEF: a) That it is respectfully submitted that the present writ petition is being filed under Article 226 of the Constitution as the fundamental rights of the Petitioner herein guaranteed under Article 14, 19(1)(g) and 21 of the Constitution have been infringed by the actions of Respondent No. 1. The effect of such gross mismanagement, improper and unfair conduct of the examination is not limited to personal grievances of the Petitioner, rather it has led to defeating the very purpose of conducting the examination which is to create a pool of meritorious students to be eligible for admissions in the prestigious All India Institute of Medical Sciences. It is humbly submitted that according to the schedule released by Respondent No.1 in the Prospectus, Declaration of Results shall take place on and in the absence of the stay of declaration of the results, the participating institutions i.e. all the All India Institutes of Medical Sciences will begin their admission process based on the results declared which will result in the

29 Petitioner and other affected candidates losing at least one precious year of their career. b) That it is humbly submitted that irreparable loss will be caused to the Petitioner and other affected candidates if the Declaration of Results based on a arbitrary and unfair conduct of AIIMS 2018 MBBS examination is not stayed. The said loss cannot be compensated in terms of money. c) That it is humbly submitted that the Petitioner has a strong prima facie case and the balance of convenience lies in their favour for grant of the interim relief as prayed. Further, no prejudice or irreparable loss would be caused to the respondents if the interim relief is granted, since depending on the outcome of the present writ petition, Respondent No. 1 will be entitled continue with its admission process. Whereas, the Petitioner s career is at stake and they will suffer irreparably and be put to grave prejudice if the declaration of Result is not stayed and a chance is not given to the Petitioner to appear in the Examination.

30 The Petitioner s craves leave of this Hon ble Court to rely on other grounds at the time of arguments that have not been urged in the present petition. 8. In the facts and circumstances aforesaid, the Petitioner No.1 have no other alternate efficacious remedy available to them but to approach this Hon ble Court by way of the present Writ Petition for redressal of its grievances and consequent relief. 9. The Petitioner s has not filed any similar petition in this Hon ble Court or in the Supreme Court of India or any other High Courts. 10. That the balance of convenience lies in favour of the Petitioner and against the Respondents as stated above. 11. That this Hon ble Court has the territorial jurisdiction to adjudicate upon the disputes between the parties as the Respondents are located within the territorial jurisdiction of this Hon ble Court. 12. The present Writ Petition has been filed at the earliest and without any delay. 13. That no other same/ similar Petition/ proceeding has been filed by the Petitioner on the cause of action set out in this petition either before

31 the Hon ble Supreme Court of India or any other High Court in the country. 14 This petition is being made bonafide and in the interest of justice. PRAYER In view of the facts and circumstances mentioned above, it is most respectfully prayed that this Hon'ble Court may be pleased to pass the following order/orders: - a. Issue a writ of mandamus or any other appropriate writ, order or direction to quash the AIIMS Entrance Examination 2018 conducted by the Respondent(s) held on and ; and b. Issue a writ in the nature of Mandamus or any other appropriate writ, order or direction to the Respondent(s) to conduct fresh examination for AIIMS Entrance Examination qua the Petitioner within a reasonable period of time; and c. Issue an appropriate order or direction staying the publication of final result cum merit list till the disposal of the present Writ Petition; and d. Issue an appropriate order or direction appointing a committee of experts to examine the grounds raised by the Petitioner in his representation submitted to Respondent(s)

32 with a direction to submit a report in a time bound manner; and e. Issue a writ of Certiorari or any other appropriate writ, order or direction in the nature thereof, directing to Respondent(s) to give an opportunity to appear in the said examination; and f. Pass an order(s) as this Hon ble Court may deem fit and proper in the present case. AND FOR THIS ACT OF KINDNESS, THE PETITIONER AS IN DUTY BOUND SHALL EVER PRAY. PETITIONER (Through Guardian) Through [PRAKHAR DEEP][AKSHAY SRIVASTAVA] [D/1372/2014] [D/2421/2016] ADVOCATES FOR THE PETITIONER JAIPUR HOUSE, 3 RD FLOOR, 62, RAMPURI, KALKAJI NEW DELHI Phone No: , address: prahkar2009@live.in, akshay91srivastava@gmail.com, PLACE: NEW DELHI DATE:

33 IN THE HON BLE HIGH COURT OF DELHI AT NEW DELHI CM. No. /2018 IN W.P (C) NO. OF 2018 IN THE MATTER OF: ABHIMANYU BISHNOI (Through Guardian) PETITIONER Versus ALL INDIA INSTITUTE OF MEDICAL SCIENCES & ORS RESPONDENT(S) APPLICATION UNDER SECTION 151 OF THE CODE OF CIVIL PROCEDURE, 1908 FOR SEEKING EXEMPTION FROM FILING TYPED COPIES OF THE DIM ANNEXURES MOST RESPECTFULLY SHOWETH:- THE PETITIONERS ABOVE NAMED 1. That the Petitioner herein has preferred the instant Writ Petition under Article 226 of the Constitution of India seeking a writ of mandamus or any other appropriate writs, orders or directions from this Hon ble Court against the highly unjust, incorrect and illegal conduct of the Respondent. 2. That the contents of the Writ Petition may be read as part of the contents of the instant Application also and contents thereof are not being repeated herein for the sake of brevity.

34 3. The Petitioner is filing the instant Application seeking exemption from this Hon'ble Court from filing typed copies of the certain dim / illegible Annexures along with the accompanying Writ Petition owing to the urgency in the matter. 4. That the Petitioner undertakes to file the typed legible copies if so directed by this Hon ble Court. 5. It is further submitted that the present application is being filed bonafidely and no prejudice shall be caused to the Respondent(s) in case the present application is allowed. P R A Y E R In view of the foregoing submissions, it is most respectfully prayed that this Hon ble Court be pleased to: (a) Allow the instant Application; (b) Exempt the Petitioner from filing typed copies of dim Annexures; and (c) Pass such other and further orders and/or directions as this Hon'ble Court may deem fit, just and proper.

35 AND FOR WHICH ACT OF KINDNESS THE PETITIONER AS IS DUTY BOUND SHALL EVER PRAY. PETITIONER (Through Guardian) Through [PRAKHAR DEEP][AKSHAY SRIVASTAVA] [D/1372/2014] [D/2421/2016] ADVOCATES FOR THE PETITIONER JAIPUR HOUSE, 3 RD FLOOR, 62, RAMPURI, KALKAJI NEW DELHI Phone No: , address: prahkar2009@live.in, akshay91srivastava@gmail.com, PLACE: NEW DELHI DATE: