Follow Orissa HC's APAAR Consent Rules Across the Country: SC to CBSE

Follow Orissa HC's APAAR Consent Rules Across the Country: SC to CBSE

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 asked CBSE to examine the concerns raised by parents over informed consent and protection of students' personal data.

A Bench of 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 parents argued that although the scheme is officially voluntary, students are practically forced to enrol because it is linked to Aadhaar, raising privacy concerns.

APAAR (Automated Permanent Academic Account Registry), introduced under the National Education Policy (NEP) 2020, gives every student a unique 12-digit ID to digitally store academic records such as marksheets, certificates and other achievements.

During the hearing, the Bench noted that the Central government had not challenged the Orissa High Court's December 2025 judgment on the issue. Since the judgment has been accepted, the Court said its directions should now be implemented across the country.

"We will direct the CBSE to implement this judgment on a pan-India basis. We are also directing the CBSE to examine the issues raised," the Bench said. A detailed order will be uploaded later.

Senior Advocate Indira Jaising, appearing for the petitioners, argued that students are indirectly compelled to obtain Aadhaar because APAAR is increasingly being made necessary for educational purposes.

Referring to the Supreme Court's 2019 Aadhaar judgment, she said children cannot be forced to obtain Aadhaar and that making APAAR essential for appearing in examinations goes against that principle.

She also argued that the current system does not fully comply with the Digital Personal Data Protection (DPDP) Act, 2023. According to her, parents are not given a real choice to refuse consent before their children are enrolled under the scheme.

Jaising urged the Court to direct CBSE and schools to strictly follow the DPDP Act while collecting parental consent. She also raised concerns about the long-term storage of children's academic records and said people should have the right to withdraw their consent and have their data removed.

The Chief Justice, however, said the purpose of APAAR is to create a single 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 remarked.

He said the unique student ID would help authorities maintain proper academic records, improve planning and monitor issues such as teacher-student ratios.

At the same time, the Bench made it clear that CBSE's circulars must comply with the Digital Personal Data Protection Act and cannot override existing legal safeguards.

The petitioners relied on the Orissa High Court's December 2025 judgment, which directed the Ministry of Education to revise the APAAR consent form and give parents the option to refuse or opt out of the scheme.

The High Court had observed that without an opt-out option, the government's claim that APAAR is voluntary loses its meaning. It also held that education cannot be made conditional on Aadhaar and that parents must have the right to refuse consent before enrolment, not just withdraw it later.

The petition, filed by Abhishek Baxi, also seeks to declare the APAAR scheme unconstitutional, arguing that the Aadhaar-linked student ID system violates the fundamental rights guaranteed under Articles 14, 19, 21 and 21A of the Constitution.

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