Supreme Court asks CBSE to implement Orissa HC order on APAAR ID opt-out
The Supreme Court directed CBSE to implement the Orissa High Court's APAAR consent guidelines nationwide, ensuring parents can refuse or withdraw consent. The court also said the scheme must comply with the Digital Personal Data Protection Act, 2023.
The Supreme Court on Monday said it will direct the Central Board of Secondary Education (CBSE) to implement the Orissa High Court's directions to revise the consent form for generating APAAR (Automated Permanent Academic Account Registry) IDs. The revised form must explicitly give parents the option to refuse consent or opt out of the scheme.
According to Live Law, the court was hearing a writ petition filed by the parents of four students challenging the constitutional validity of the APAAR ID scheme.
The petition contends that the scheme effectively compels students to obtain Aadhaar and raises concerns over the collection, storage, and processing of children's personal data. It also seeks strict compliance with the Digital Personal Data Protection (DPDP) Act, 2023.
A bench comprising Chief Justice of India Surya Kant, Justice Joymalya Bagchi, and Justice V Mohan said it would also issue directions to the CBSE to address the concerns raised, as reported by Live Law.
PARENTS CHALLENGE APAAR ID SCHEME IN SUPREME COURT
Appearing for the petitioners, Senior Advocate Indira Jaising argued that children were being required to enrol in a non-statutory scheme despite serious concerns relating to the right to privacy and data protection.
Referring to the Supreme Court's 2019 Puttaswamy judgment, Jaising submitted that children cannot be compelled to obtain an Aadhaar number. She argued that although the government describes the APAAR scheme as voluntary, it is linked to Aadhaar, making Aadhaar effectively mandatory.
Since students require an APAAR ID to appear for examinations, they are, in practice, being compelled to obtain Aadhaar, she contended.
"Right to education is not a targeted service. The right to education is a Constitutional right. Therefore, asking a child to get an Aadhaar and an APAAR for being sent up to exams is against the Constitution," she submitted.
However, the Chief Justice appeared unconvinced by the petitioners' objections, saying, "Let us not doubt everything in the country with a suspicious eye; it is a welcome step," as quoted by Live Law.
The CJI said the objective of the scheme is to assign every student a unique ID, enabling better tracking of academic records and helping authorities maintain an appropriate teacher-student ratio for effective implementation of the curriculum.
PETITION QUESTIONS AADHAAR LINKAGE, CONSENT AND DATA PRIVACY
Jaising acknowledged that the APAAR scheme may have a legitimate objective but argued that it must be implemented through lawful and proportionate means. She questioned how "voluntary" the scheme really is, saying that while it is voluntary on paper, it functions as mandatory in practice.
She also sought guidelines on obtaining informed consent and protecting students' personal data, alleging that the scheme is being implemented in violation of the DPDP Act, 2023.
The bench observed that CBSE's circulars remain subject to the prevailing law and do not override the provisions of the DPDP Act. It said the APAAR scheme must therefore be implemented in accordance with the law.
SC ASKS CBSE TO IMPLEMENT ORISSA HC'S CONSENT GUIDELINES NATIONWIDE
Jaising further argued that the existing consent forms are standardised and do not allow parents to refuse or withdraw consent. She relied on the Orissa High Court's December 2025 judgment in Rohit Anand Das & Anr. v. State of Odisha & Ors., which directed the Centre to amend the APAAR consent form to provide an option to refuse consent and opt out of the scheme.
She urged the Supreme Court to extend the High Court's directions across the country and direct CBSE and schools to strictly comply with Section 6 of the DPDP Act while obtaining consent.
When the bench asked whether the Orissa High Court's order had been challenged, it was informed that no appeal had been filed. The court then said it would direct the CBSE to implement the High Court's directions nationwide.
"We will direct CBSE to implement this judgment on a pan-India basis... as the High Court order has been accepted. We are directing CBSE to examine the issues as well," the Chief Justice said, according to Live 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 to revise the consent form for generating APAAR (Automated Permanent Academic Account Registry) IDs. The revised form must explicitly give parents the option to refuse consent or opt out of the scheme.
According to Live Law, the court was hearing a writ petition filed by the parents of four students challenging the constitutional validity of the APAAR ID scheme.
The petition contends that the scheme effectively compels students to obtain Aadhaar and raises concerns over the collection, storage, and processing of children's personal data. It also seeks strict compliance with the Digital Personal Data Protection (DPDP) Act, 2023.
A bench comprising Chief Justice of India Surya Kant, Justice Joymalya Bagchi, and Justice V Mohan said it would also issue directions to the CBSE to address the concerns raised, as reported by Live Law.
PARENTS CHALLENGE APAAR ID SCHEME IN SUPREME COURT
Appearing for the petitioners, Senior Advocate Indira Jaising argued that children were being required to enrol in a non-statutory scheme despite serious concerns relating to the right to privacy and data protection.
Referring to the Supreme Court's 2019 Puttaswamy judgment, Jaising submitted that children cannot be compelled to obtain an Aadhaar number. She argued that although the government describes the APAAR scheme as voluntary, it is linked to Aadhaar, making Aadhaar effectively mandatory.
Since students require an APAAR ID to appear for examinations, they are, in practice, being compelled to obtain Aadhaar, she contended.
"Right to education is not a targeted service. The right to education is a Constitutional right. Therefore, asking a child to get an Aadhaar and an APAAR for being sent up to exams is against the Constitution," she submitted.
However, the Chief Justice appeared unconvinced by the petitioners' objections, saying, "Let us not doubt everything in the country with a suspicious eye; it is a welcome step," as quoted by Live Law.
The CJI said the objective of the scheme is to assign every student a unique ID, enabling better tracking of academic records and helping authorities maintain an appropriate teacher-student ratio for effective implementation of the curriculum.
PETITION QUESTIONS AADHAAR LINKAGE, CONSENT AND DATA PRIVACY
Jaising acknowledged that the APAAR scheme may have a legitimate objective but argued that it must be implemented through lawful and proportionate means. She questioned how "voluntary" the scheme really is, saying that while it is voluntary on paper, it functions as mandatory in practice.
She also sought guidelines on obtaining informed consent and protecting students' personal data, alleging that the scheme is being implemented in violation of the DPDP Act, 2023.
The bench observed that CBSE's circulars remain subject to the prevailing law and do not override the provisions of the DPDP Act. It said the APAAR scheme must therefore be implemented in accordance with the law.
SC ASKS CBSE TO IMPLEMENT ORISSA HC'S CONSENT GUIDELINES NATIONWIDE
Jaising further argued that the existing consent forms are standardised and do not allow parents to refuse or withdraw consent. She relied on the Orissa High Court's December 2025 judgment in Rohit Anand Das & Anr. v. State of Odisha & Ors., which directed the Centre to amend the APAAR consent form to provide an option to refuse consent and opt out of the scheme.
She urged the Supreme Court to extend the High Court's directions across the country and direct CBSE and schools to strictly comply with Section 6 of the DPDP Act while obtaining consent.
When the bench asked whether the Orissa High Court's order had been challenged, it was informed that no appeal had been filed. The court then said it would direct the CBSE to implement the High Court's directions nationwide.
"We will direct CBSE to implement this judgment on a pan-India basis... as the High Court order has been accepted. We are directing CBSE to examine the issues as well," the Chief Justice said, according to Live 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 to revise the consent form for generating APAAR (Automated Permanent Academic Account Registry) IDs. The revised form must explicitly give parents the option to refuse consent or opt out of the scheme.
According to Live Law, the court was hearing a writ petition filed by the parents of four students challenging the constitutional validity of the APAAR ID scheme.
The petition contends that the scheme effectively compels students to obtain Aadhaar and raises concerns over the collection, storage, and processing of children's personal data. It also seeks strict compliance with the Digital Personal Data Protection (DPDP) Act, 2023.
A bench comprising Chief Justice of India Surya Kant, Justice Joymalya Bagchi, and Justice V Mohan said it would also issue directions to the CBSE to address the concerns raised, as reported by Live Law.
PARENTS CHALLENGE APAAR ID SCHEME IN SUPREME COURT
Appearing for the petitioners, Senior Advocate Indira Jaising argued that children were being required to enrol in a non-statutory scheme despite serious concerns relating to the right to privacy and data protection.
Referring to the Supreme Court's 2019 Puttaswamy judgment, Jaising submitted that children cannot be compelled to obtain an Aadhaar number. She argued that although the government describes the APAAR scheme as voluntary, it is linked to Aadhaar, making Aadhaar effectively mandatory.
Since students require an APAAR ID to appear for examinations, they are, in practice, being compelled to obtain Aadhaar, she contended.
"Right to education is not a targeted service. The right to education is a Constitutional right. Therefore, asking a child to get an Aadhaar and an APAAR for being sent up to exams is against the Constitution," she submitted.
However, the Chief Justice appeared unconvinced by the petitioners' objections, saying, "Let us not doubt everything in the country with a suspicious eye; it is a welcome step," as quoted by Live Law.
The CJI said the objective of the scheme is to assign every student a unique ID, enabling better tracking of academic records and helping authorities maintain an appropriate teacher-student ratio for effective implementation of the curriculum.
PETITION QUESTIONS AADHAAR LINKAGE, CONSENT AND DATA PRIVACY
Jaising acknowledged that the APAAR scheme may have a legitimate objective but argued that it must be implemented through lawful and proportionate means. She questioned how "voluntary" the scheme really is, saying that while it is voluntary on paper, it functions as mandatory in practice.
She also sought guidelines on obtaining informed consent and protecting students' personal data, alleging that the scheme is being implemented in violation of the DPDP Act, 2023.
The bench observed that CBSE's circulars remain subject to the prevailing law and do not override the provisions of the DPDP Act. It said the APAAR scheme must therefore be implemented in accordance with the law.
SC ASKS CBSE TO IMPLEMENT ORISSA HC'S CONSENT GUIDELINES NATIONWIDE
Jaising further argued that the existing consent forms are standardised and do not allow parents to refuse or withdraw consent. She relied on the Orissa High Court's December 2025 judgment in Rohit Anand Das & Anr. v. State of Odisha & Ors., which directed the Centre to amend the APAAR consent form to provide an option to refuse consent and opt out of the scheme.
She urged the Supreme Court to extend the High Court's directions across the country and direct CBSE and schools to strictly comply with Section 6 of the DPDP Act while obtaining consent.
When the bench asked whether the Orissa High Court's order had been challenged, it was informed that no appeal had been filed. The court then said it would direct the CBSE to implement the High Court's directions nationwide.
"We will direct CBSE to implement this judgment on a pan-India basis... as the High Court order has been accepted. We are directing CBSE to examine the issues as well," the Chief Justice said, according to Live Law.
