Aadhar Card is not a valid document for age determination; it serves only as identity proof, as established by the Supreme Court.

ORDER :

This petition under Article 226 of Constitution of India has been filed seeking following reliefs:

"1. It is, therefore, prayed that this Hon'ble Court may kindly be pleased to issue a writ of certiorari to quash or set aside impugned order dated 22.02.2024 vide Annexure P/1 passed by the respondent No.4.

2. It is, therefore, prayed that this Hon'ble Court may kindly be pleased to issue a writ of mandamus whereby the respondents may kindly be directed to count the date of birth of husband of the petitioner as per ADHAR card and grant the benefits of Sambal Card Scheme to the petitioner in terms of order dated 09.07.2024 passed by this Hon'ble Court in W.P. No.21501 of 2023 vide Annexure P/2, in the interest of justice.

ALTERNATIVELY

3. This Hon'ble Court may kindly be pleased to direct the respondent No.3 i.e. SDO (Revenue) Gadarwara, District Narsinghpur to decide the Appeal vide Annexure P/10 of the petitioner, in the interest of justice.

4. It is, therefore, prayed that this Hon'ble Court may kindly be pleased to call for the relevant record pertaining to case of the petitioner for barre perusal of this Hon'ble Court.

5. Any other relief which this Hon'ble Court may deem fit and proper in the facts and circumstances of the case including cost of the litigation may kindly be awarded in favour of the petitioner."

2. It is submitted by counsel for petitioner that husband of petitioner has died on account of electrocution. The petitioner filed an application for grant of compensation under Mukhyamantri Jan Kalyan (Sambal) Yojna, 2018. By order dated 22.02.2024, the said application has been rejected on the ground that the age of deceased husband of petitioner was 64 years. It is submitted by counsel for petitioner that a Coordinate Bench of this Court in the case of Narmadi Prasad Vs. State of Madhya Pradesh and Others decided on 09.07.2024 in W.P. No.21501/2023 had held that as per the scheme, the age of deceased is to be ascertained on the basis of date of birth mentioned in Aadhar Card and therefore, order rejecting the claim was set aside and the matter was remanded back to reconsider the case on the basis of age mentioned in Aadhar Card. It is submitted that since in the present case also, the claim has been rejected on the ground that age of the deceased was more than 64 years and the date of birth mentioned in the Aadhar Card cannot be considered, therefore, the order under challenge is vulnerable in the light of order passed by Coordinate Bench of this Court in the case of Narmadi Prasad (supra).

3. Per contra, it is submitted by counsel for the State that Aadhar Card is not the document of date of birth.

4. Heard the learned counsel for the parties.

5. The Supreme Court in the case of Saroj and Others Vs. IFFCO-TOKIO General Insurance Company and Others by order dated 24.10.2024 passed in SLP (Civil) No.23939-23940/2023 has held that Aadhar Card is not the document of age. While passing such order, several different orders passed by different High Courts as well as circulars issued by the Department clarifying that the Aadhar Card is not the proof of age of Aadhar Card holder have been taken into consideration.

6. Accordingly, counsel for petitioner was directed to address this Court that if the State Government has formulated a scheme considering the Aadhar Card as a document of age, then whether the said scheme can be given preference over the judgment passed by the Supreme Court as well as circulars issued by the Department, who is responsible for issuance of Aadhar Card or not?

7. It was fairly conceded that the scheme, which is an executive instruction cannot prevail over the judgments passed by the Supreme Court as well as the High Court.

8. The UIDAI by its circular No.08/2023 has clarified that Aadhar Card can be used to establish identity. It is not per se proof of date of birth.

9. Similarly, different High Courts including the High Court of Madhya Pradesh in different cases have held that Aadhar Card is not a docu