The Supreme Court on Monday said that it will direct the Central Board of Secondary Education (CBSE) to implement across the country an Orissa high court direction requiring the consent form for generating APAAR (Automated Permanent Academic Account Registry) IDs to expressly give parents the option to refuse consent or opt out of the scheme.
A bench, headed by Chief Justice of India Surya Kant and also comprising justices Joymalya Bagchi and V Mohana, was hearing a petition challenging the constitutional validity of the Aadhaar-linked student identification system on the ground that, though described as voluntary, it effectively compels students to enrol and raises concerns over privacy and data protection.
Senior advocate Indira Jaising, appearing for parents of four students, argued that children were being compelled to register under a non-statutory scheme despite the Supreme Court’s 2019 Aadhaar judgment holding that children cannot be forced to obtain Aadhaar. She contended that because APAAR IDs are linked to Aadhaar and are allegedly being insisted upon for examination-related purposes, the voluntary nature of the scheme existed only on paper.
The bench, however, observed that the scheme appeared to serve a legitimate purpose by creating a unique academic identity for every student to facilitate educational planning and record management.
“Let us not doubt everything in the country with a suspicious eye; it is a welcome step…data protection law is there in the country and nobody can violate that…this scheme can help the CBSE headquarters to have access to several important data about students…who is studying what; teacher-child ratio or implementation of the curriculum,” remarked the bench.
While Jaising underlined the right to be forgotten saying it is for nobody else to access the results of the students and if they failed in any subject, the court responded that the data cannot be used for purposes other than for which it was collected.
At this point, the senior lawyer referenced school circulars mandating use of Aadhaar for the creation of APAAR Ids, contending this methodology takes away the necessity of consent.
Jaising, assisted by advocate Paras Nath Singh, then pressed an alternative plea, submitting that the consent mechanism itself violated the Digital Personal Data Protection Act, 2023, as parents were not given an informed choice to refuse consent or later exercise meaningful control over their children’s data.
Relying on an unchallenged December 2025 judgment of the Orissa high court, she urged the apex court to direct that the safeguards ordered by the high court be implemented nationwide. The Orissa high court had held that if the APAAR scheme is genuinely voluntary, the consent form must expressly provide parents the option to decline participation or opt out.
Accepting the broad submission, the bench said it would direct the CBSE to implement the Orissa HC’s directions across the country, noting that the Union government had accepted the judgment and not challenged it.
“We will direct CBSE to implement this judgment on a pan-India basis… We are also directing CBSE to examine the issues raised,” said the bench, adding that a detailed order would follow.
The petition also sought directions to ensure that students who choose not to enrol under the APAAR scheme are not denied admissions, examination registration, mark sheets, certificates or any other educational benefits, besides insisting that any processing of students’ personal data strictly complies with the Digital Personal Data Protection Act, 2023.
