One of my clients recently had a case which I am explaining below and if you are stuck in such similar situation, here is what to do.
Note: Due to attorney-client privilege, I cannot disclose complete case details or identify the actual parties involved. However, I am sharing the essential facts and legal approach so that if you find yourself in a similar situation, you can understand the available solutions and legal remedies.
TL;DR: A foreign student whose first Aadhaar was stuck for over a year between UIDAI and SDM offices can file a writ petition before the High Court under Article 226. A mandamus order can direct the authorities to decide the verification within a fixed time. Before that, an RTI application and a formal representation to the UIDAI regional officer usually help build the paper trail the court will look for.
The first visit felt like a small detour. Arjun Bhattarai, a Nepali citizen studying in Bhopal, had applied for his first Aadhaar in the 18+ category, which needs SDM verification before UIDAI can generate the card. He was told it would take a month. Maybe two. It took fourteen. He went from the UIDAI regional office to SDM Shahpura, then to SDM Kolar Road, then back again. Each counter told him the file sat somewhere else. In late August 2025 he stood at one window for nearly two hours, only to hear that the officer had left for lunch. When he returned, a clerk raised his voice and told him to come another day. Arjun did not argue. He walked out, sat on the stairs, and actually broke down. He had saved every appointment slip, every email, every date scribbled on the back of an old bus ticket. But none of it moved the file. Two complaint emails went unanswered. His internship offer, which required Aadhaar for documentation, was about to lapse. By the time the client approached the Chamber of Advocate Sudhir Rao, he had stopped expecting the offices to resolve anything. The change was procedural: a structured representation was sent to the UIDAI regional officer in Bhopal, an RTI request sought the exact status of the file, and a draft writ petition under Article 226 was prepared. The moment the government office saw a court filing was on the table, the matter started moving. Within weeks, the verification was done and the Aadhaar was generated. Advocate Sudhir Rao's experience in administrative law and writ jurisdiction helped secure the order in favour of the client.Key Facts of the Case
- Applicant was a Nepali citizen residing in Bhopal on a student visa.
- Application was for first-time Aadhaar under the 18+ enrolment process.
- SDM verification was mandatory but no action was taken for over one year.
- Offices repeatedly transferred the file without generating the Aadhaar.
- Complaint emails received no response from UIDAI or SDM offices.
- Delay affected the student's internship and placement documentation.
- No reasoned rejection or deficiency notice was ever issued to him.
- Remedy sought was a writ of mandamus under Article 226 of the Constitution.
The Direct Legal Answer
The question is direct: when government offices keep shifting responsibility without resolving the issue, what legal remedies exist?
Can a court order UIDAI or an SDM office to act?
Yes. The High Court under Article 226 of the Constitution can issue a writ of mandamus directing a public authority to perform its statutory duty. If your Aadhaar verification has been pending without reason for over a year, the court can direct the concerned SDM and UIDAI regional office to complete the process within a fixed time. That order carries the force of law and cannot be ignored like a complaint email.
Is there any penalty for the delay?
UIDAI itself does not have a direct compensation mechanism for mere delay. But if the inaction is shown to be arbitrary, the High Court can award costs to the applicant. The main remedy remains a time-bound direction to decide the matter.
Advice in Such Cases
Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation to come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.
Don't rely on verbal assurances from any counter. Get everything in writing. If an officer says the file is somewhere else, ask for a receipt, a noting sheet entry, or at least a written acknowledgment. That becomes your evidence.
File an RTI application to UIDAI. It costs almost nothing and forces the office to locate the file and record the exact status. A delayed RTI reply itself becomes proof of administrative inaction.
This type of matter requires advocates with domain-specific experience. Procedural and evidentiary nuances in writ practice, especially the exact relief to frame and when to move the court, are often missed by general practitioners.
Applicable Sections of Law
This is a civil-administrative matter, not a criminal one. The key provisions are:
- Article 226, Constitution of India: Writ jurisdiction of the High Court against government inaction.
- Right to Information Act, 2005: To obtain the status of the file and internal notings.
- Aadhaar (Targeted Delivery of Financial and Other Subsidies, Benefits and Services) Act, 2016: The parent statute governing enrolment and UIDAI obligations.
- Limitation Act, 1963: For the period within which a writ or civil suit should be filed.
Jurisdiction — Where to File the Case
The writ petition goes to the High Court of the state where the cause of action arose. If the UIDAI regional office and the SDM offices are in Bhopal, the High Court of Madhya Pradesh at Jabalpur, its bench at Indore, or the principal seat depending on the territorial assignment, would exercise jurisdiction. Where the delay occurred matters: a single office in the chain sitting in that state is enough to establish territorial jurisdiction. Pecuniary jurisdiction does not apply to writ petitions in the same way as civil suits. If any central government authority like UIDAI is involved, the High Court still has jurisdiction because UIDAI's regional office is within the state.
Can I get Aadhaar help as a foreign student through RTI?
Yes, RTI works. It is one of the most underused tools in Aadhaar delay matters. The public information officer at UIDAI and the SDM office must reply within thirty days. That reply gives you the current location of the file and the officer responsible. The court sees that paper trail as proof that you tried everything before rushing to it.
Limitation Period
There is no strict limitation prescribed specifically for a writ petition under Article 226. But courts apply the doctrine of laches: unreasonable delay can weaken your case. For a continuing wrong like a pending Aadhaar verification, the clock does not run from the date of application but from each act of refusal or delay. Still, filing within three years from the last written communication is generally considered safe under the Limitation Act, 1963. If the delay in approaching court is longer, you may have to explain it. The court has the discretion to condone delay, but a long unexplained gap invites questioning.
Interim Reliefs Available
In a writ petition, interim relief usually takes the form of a direction to produce the file or to take a decision within a fixed time. You can ask the court to direct the SDM office to complete verification and forward the recommendation to UIDAI within, say, four weeks. A status quo order is not typically needed here, but a direction to preserve all records relating to your application is prudent. If the Aadhaar delay has caused loss, you can also seek compensation. Interim reliefs matter because a court's first order often breaks the administrative deadlock that months of personal visits could not.
If You Are the Victim
- Don't stop visiting the office, but change how you document those visits.
- Keep a written log: date, time, counter number, name of the officer if visible.
- Send an RTI application to UIDAI and the SDM office. Keep the postal receipt.
- Send a formal representation by speed post or email, requesting a written reply.
- Consult an advocate before filing any court case; a demand letter can itself unblock many files.
Documents You Must Keep Ready
- Enrolment slip or acknowledgment from the Aadhaar booking.
- Passport and visa copies showing lawful stay.
- Proof of residence in Bhopal, like a rent agreement or college letter.
- All emails and complaint references sent to UIDAI or SDM offices.
- RTI application and the reply, if any.
- Written log of office visits, including dates and counter details.
- College identity card or bonafide certificate.
- Any letter from the internship or placement organisation requiring Aadhaar.
What Evidence Is Required?
- The enrolment slip is primary evidence of the application date.
- Email records show you followed up repeatedly.
- RTI replies are strong evidence of official inaction or contradictory statements.
- A notarised timeline of visits, with specific dates, helps the court see the pattern.
- Photographs of the acknowledgement registers or token slips, if any, support your account.
- Written statements from a classmate or landlord who accompanied you can be secondary evidence.
- The college communication about the internship deadline proves the loss caused by the delay.
How Courts Typically Approach Such Cases
Courts are usually sympathetic to foreign students stuck in administrative loops. The judge's first question is whether you gave the authorities a reasonable chance to act. That is why the written complaint and RTI matter. The second question is what specific direction you want. A prayer that is too vague, like "do justice", gets nowhere. A precise prayer, like "direct SDM Shahpura to decide verification within two weeks and UIDAI to issue Aadhaar within two weeks thereafter", is far more effective. Courts in writ matters typically fix a firm timeline and monitor compliance. Non-compliance can lead to contempt.
Timeline of Legal Process
- Consultation and demand notice: One to two weeks to draft and send.
- RTI application: Thirty days for reply, often extended by fifteen more.
- Drafting writ petition: Three to five days once documents are ready.
- Filing and listing before High Court: Seven to fifteen days, depending on the roster.
- First hearing and interim direction: Often within two to four weeks of listing.
- Compliance by SDM and UIDAI: Whatever the court orders, usually four to eight weeks.
- Final disposal: Three to six months in routine matters, sometimes sooner if no contest.
Understanding the Costs
The total cost of a matter like this varies significantly from one case to the next — it depends on the complexity of the dispute, the forum involved, the number of hearings, and the specific facts of your situation. There is no single fixed figure that applies to everyone.
A professional advocate can give you an accurate estimate only after reviewing all your facts and documents in a consultation.
Can the Matter Be Settled Out of Court?
Yes, and often it is. The goal is not litigation but getting the Aadhaar generated. A well-drafted legal notice to UIDAI and the SDM office can make the file move without a court case. Many matters resolve after the first hearing, when the government pleader realises the department has no defence. Mediation is not typically used for Aadhaar delays because it is not a dispute between private parties. But informal settlement through a written undertaking by the department to complete verification by a date is common. If the department offers that after a demand letter, accept it with a written commitment. Courts too prefer settlement in writ matters where the government agrees to act.
Common Mistakes People Make
- Waiting too long because each office keeps promising a date. A year of promises is evidence of inaction.
- Relying only on verbal complaints. Without a written record, you cannot prove the office was unresponsive.
- Losing the enrolment slip or not photographing office acknowledgments.
- Filing a complaint with the wrong grievance cell and waiting for a reply that never comes.
- Engaging an advocate who does not regularly handle writ or administrative matters. Domain-specific experience affects how the prayer is framed, what interim relief to seek, and how to counter the government's routine objections, all of which shape how fast the Aadhaar is actually issued.
- Approaching the court before sending a demand letter, which can lead to the government taking a preliminary objection on non-exhaustion of remedies.
FAQs People Normally Have
- Will the High Court entertain a foreign student's Aadhaar petition? Yes. Delay affects lawful residents equally, and courts do not discriminate on nationality.
- Do I need a lawyer or can I file myself? You can file in person, but the drafting of a writ prayer is technical. A wrong prayer can delay matters further.
- How long does the SDM verification actually take after court order? Usually four to eight weeks if the court fixes a deadline and the department complies.
- Can these offices be punished for the delay? The court can order costs against the erring official in clear cases of dereliction. Contempt also applies if the order is flouted.
- Is the Aadhaar issued after verification automatic? UIDAI still has to complete its internal processing, but the verification is the main bottleneck in most first-time 18+ applications.
This article is general legal information, not legal advice. Consult a qualified advocate about your specific situation.
Advocate Sudhir Rao, Supreme Court of India