The Supreme Court on Tuesday refused to stay the government notification that makes Aadhaar mandatory for social benefit schemes, including mid-day meals. 

A vacation bench of Justices A M Khanwilkar and Navin Sinha said that no interim order can be passed at this stage on the "mere apprehension" of petitioners that government may deprive people from availing benefits of various social welfare schemes due to lack of Aadhaar.

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Referring to the 9 June judgement passed by the apex court in which it had upheld the validity of an Income Tax Act provision making Aadhaar mandatory for allotment of PAN cards and filing of tax returns, but had put a partial stay on its implementation till a Constitution bench addressed the issue of right to privacy, the bench said, "In view of the observations made in the judgement in Para 90 of the case… decided on 9 June, no further observation is required."

"No interim order can be passed in mandamus on mere apprehensions. You have to wait for one week. If somebody is deprived (of the benefits) you can point out the same to this court," the bench told the counsel seeking a stay.

The apex court was hearing a petition seeking status quo on Aadhaar, fearing that an insistence on it may lead to students being deprived of mid-day meals.

"No order can be passed just on the basis of apprehension. The Centre has also extended the date from 30 June to 30 September and there is no urgency," the court said. 

The Centre's notification says by 30 June, Aadhaar will be made mandatory  for availing various benefits, including noon meal scheme, scholarships, admission, domestic air travel, application for cellphone numbers among other things.

The Centre has now told the court that the last date for filing Aadhaar applications has been extended. Those who do not have Aadhaar must apply for it by 30 September and no one will be deprived of any benefits.

Adjourning the case to 7 July, the court said, "You find out how many were deprived of mid-day meals and inform the court. We can't have a situation to pass orders on uncertain situation".

The petitioners, including Shantha Sinha, former chairperson of National Commission for Protecting Child Rights, said the new rule is in violation of an earlier Supreme Court order.

Aadhaar, the petition read, was an "insecure, unreliable, unnecessary and inappropriate technology project, which is being foisted with coercion on the most vulnerable section of Indians and is threatening their constitutional and legal rights and entitlements every day".

In its reply, the government said making Aadhaar mandatory will help People avail services through Aadhaar-based authentication. No genuine person will be denied of any benefits because of lack of Aadhaar. The government also said because of Aadhaar, Rs 49,650 cr had been saved in two yearsunder the Direct Benefit Transfer Scheme, which was earlier being siphoned off through fake identities.

The issue of violation of privacy in Aadhaar has already been referred to a five-judge Constitution bench of the top court.