HON’BLE SRI JUSTICE C.V. BHASKAR REDDY WRIT PETITION No.7266 of 2022

ORDER

This Writ Petition, under Article 226 of the Constitution of India, is filed seeking the following relief:

“….to issue a Writ, Order or direction especially one in the nature of Writ of Mandamus declaring the action of the respondents in illegally in purposely denying the permission to the petitioners while allotting Aadhar enrolment centres to third parties without following due process in the form of issuance of a notice public notification and calling for eligible candidates as illegal, arbitrary and in violation of the Constitution under Articles 14 and 21 and consequently to direct the respondents to cancel the illegal allotments of Aadhar centres to third parties and follow due process by issuing prior notification to reallocate Aadhar centres to eligible candidates who have applied..…”

2. It is stated that the petitioners are duly qualified and eligible persons for running Aadhar Centres to render various services in terms of the guidelines issued by the Central and State Government. It is further stated that pursuant to D.O.No.4(4)/57/146/2016/E&U/Vol.VI/Pt, dated 28.06.2017, the State Government directed to set up Aadhar centres, and the procedure for appointing agency or franchise is to publish notification by calling eligible candidates to operate the Aadhar centres, but the respondent authorities have been randomly allotting the Aadhar Centers to the third parties without issuing any notification. The grievance of the petitioners is that they have submitted representations before the respondent authorities requesting to issue notification calling for applications for allotment of Aadhar centres to the eligible candidates, but the respondent authorities have not considered the said representations till date.

3. Smt. B. Rachana Reddy, learned counsel for the petitioners submitted that the respondent authorities have to issue public notification calling eligible candidates to operate the Aadhar centres, but the said procedure has not been followed by the authorities, which action on the part of the respondent authorities amounts to violation of principles of natural justice. Learned counsel for the petitioners further submitted that the appointment of the eligible candidates also provides livelihood, and it falls within the definition of State largesse, and such largesse cannot be disturbed/interfered without following due process of law.

4. On the other hand, Smt. L. Pranathi Reddy, learned counsel representing Mr.Gadi Praveen Kumar, learned Deputy Solicitor General of India for respondent Nos.5 and 6 submitted that the Government of India has not issued any notification regarding appointment of Aadhar centres, and allotment of such centres falls within the domain of the State Government basing on the needed areas. Learned Counsel further submitted that the Government of India has issued Memorandum in order to ensure proper monitoring and to ensure enrolment at a secured environment, the concept of in-house model was introduced, and the enrolment centres functioning under the specified conditions will be considered as working under in-house model. 5. Be that as it may, since it is the case of the petitioners that the respondent authorities have allotted Aadhar Centres to the third parties without any public notification, and since the Government of India has issued Memorandum for running Aadhar Centres in the concept of in-house model, this Court deems it appropriate to dispose of this writ petition granting liberty to the petitioners to submit applications as and when notification is issued inviting/calling eligible candidates for allotment of Aadhar Centres, if they are eligible and fulfils the prescribed criteria.

6. With the above observations, this Writ Petition is disposed of. There shall be no order as to costs.

As a sequel, the miscellaneous petitions pending, if any, shall stand closed.

________________________________ JUSTICE C.V.BHASKAR R