- The Supreme Court will direct CBSE to address data protection concerns under the APAAR ID scheme
- The court plans to implement the Orissa High Court's directions nationwide for the APAAR system
- Petitioner argues the APAAR scheme violates privacy rights and lacks a governing law
The Supreme Court on Monday said it will direct the Central Board of Secondary Education (CBSE) to implement the Orissa High Court's directions on the APAAR ID consent form across the country. The court also said CBSE should examine concerns related to parental consent and data protection raised by the petitioners.
A bench comprising Chief Justice of India (CJI) Surya Kant and Justices Joymalya Bagchi and V. Mohana was hearing a petition filed by the parents of four students challenging the validity of the APAAR ID scheme. The petition argues that the scheme effectively compels students to obtain Aadhaar and raises concerns over privacy.
APAAR (Automated Permanent Academic Account Registry), introduced under the National Education Policy (NEP) 2020, provides every student with a unique 12-digit lifelong identification number to digitally store academic records such as marksheets, certificates and other achievements.
The bench noted that the Centre had not challenged the Orissa High Court's December 2025 judgment and, therefore, its directions should be implemented nationwide.
"We will direct the CBSE to implement this judgement on a pan-India basis, as the High Court order has been accepted. We are directing the CBSE to examine the issues as well," the bench said.
The court said a detailed order would be uploaded later.
Petition Raises Aadhaar, Privacy Concerns
According to PTI, Senior Advocate Indira Jaising, appearing for the petitioners, argued that although the government describes APAAR as voluntary, students are effectively compelled to enrol because the scheme is linked to Aadhaar.
Referring to the Supreme Court's 2019 Aadhaar judgment in the K.S. Puttaswamy case, she argued that children cannot be forced to obtain Aadhaar and that making APAAR necessary for examinations indirectly violates that principle.
"The right to education is a constitutional right. Asking a child to obtain Aadhaar and APAAR to appear in examinations is against the Constitution," the senior lawyer said.
Jaising also argued that the implementation of the scheme does not comply with the Digital Personal Data Protection (DPDP) Act, 2023, particularly regarding informed consent, withdrawal of consent and protection of students' personal data.
She submitted that the current consent form does not give parents a meaningful opportunity to refuse consent before enrolment. She urged the court to direct CBSE and schools to ensure strict compliance with Section 6 of the DPDP Act while obtaining parental consent.
The senior lawyer also raised concerns over the long-term storage of children's academic records and argued that individuals should have the "right to be forgotten" and be able to withdraw consent.
CJI Says APAAR Has A Legitimate Purpose
The Chief Justice, however, said the objective of the APAAR scheme is to create a unique academic identity for every student and improve the education system.
"Let us not doubt everything in the country with a suspicious eye; it is a welcome step," the CJI said.
He added that the unique student ID would help education authorities maintain accurate student records, support curriculum implementation and monitor factors such as the teacher-student ratio.
At the same time, the bench observed that CBSE's circulars must remain subject to the provisions of the Digital Personal Data Protection Act and cannot override the existing legal framework.
What Did The Orissa High Court Say?
The petitioners relied on the Orissa High Court's December 2025 judgment, which directed the Ministry of Education to amend the model APAAR consent form by giving parents the option to refuse consent or opt out of the scheme.
The High Court had held that the absence of an opt-out provision weakens the government's claim that APAAR is voluntary and raises concerns about the fundamental right to privacy. It also said education cannot be made conditional on Aadhaar and that allowing parents to withdraw consent later cannot replace their right to refuse consent before enrolment.
The petition, filed by Abhishek Baxi, has also sought to declare the APAAR scheme unconstitutional, arguing that the Aadhaar-linked academic ID system violates Articles 14, 19, 21 and 21A of the Constitution and goes beyond the executive powers of the Centre.