The Supreme Court on Monday directed the Central Board of Secondary Education (CBSE) to examine concerns surrounding the consent mechanism adopted for the creation of Automated Permanent Academic Account Registry (APAAR) IDs and, if necessary, clarify its policy, while hearing a petition challenging the implementation of the APAAR ID scheme in CBSE-affiliated schools.
A Bench comprising Chief Justice of India Surya Kant and Justices Joymalya Bagchi and V.Mohana observed that the issues raised by the petitioners were limited in scope and could first be considered by the CBSE itself before the Court examined the matter further.
The petition challenges a series of CBSE circulars providing for the generation of APAAR IDs using Aadhaar as the primary identifier for students. According to the petitioners, although the scheme is officially described as voluntary, it effectively compels students to obtain Aadhaar and generate an APAAR ID to ensure their inclusion in the List of Candidates (LOC) for the Class X and Class XII Board examinations.
Appearing for the petitioners, Senior Advocate Indira Jaising argued that the scheme, introduced through executive circulars, violates children’s fundamental right to privacy and runs contrary to the Supreme Court’s judgment in the Aadhaar case, which held that Aadhaar cannot be made mandatory for access to education.
Jaising went straight to the heart of the matter, arguing that the policy leaves students with no real choice. She pointed out that while the scheme was introduced quietly through an executive circular, its real-world impact is absolute: it forces children to obtain an [Aadhaar Redacted] card just to qualify for their Class X and Class XII Board exams.
While acknowledging that digitisation of academic records and seamless transfer of student information may serve a legitimate public purpose, Jaising argued that any system involving the collection and processing of children’s personal data must satisfy the constitutional requirements of legality, necessity and proportionality, besides ensuring informed consent.
She further submitted that the Digital Personal Data Protection Act, 2023 (DPDP Act) mandates that consent must be free, informed, specific and unambiguous, safeguards which, according to the petitioners, were absent from the consent forms currently being used for APAAR enrolment.
During the hearing, the Bench observed that digitising educational records could significantly benefit students by facilitating transfers between schools and enabling educational authorities to undertake data-driven planning at a macro level. At the same time, the Court emphasised that the collection and use of personal data would continue to be governed by the safeguards contained in the DPDP Act, including restrictions relating to purpose limitation and disclosure of personal information without consent.
Drawing the Court’s attention to a recent judgment of the Orissa High Court, Jaising pointed out that the High Court had directed modifications to the APAAR consent form to provide parents and students with an effective opt-out mechanism. She urged the Supreme Court to extend similar safeguards nationwide by directing the CBSE to revise its consent forms in conformity with Section 6 of the DPDP Act.
After considering the submissions, the Supreme Court refrained from issuing any immediate directions on the validity of the APAAR scheme. Instead, it directed the CBSE to examine the concerns regarding the consent process and clarify its policies wherever necessary, leaving the larger constitutional questions open for consideration at a later stage.
The post Supreme Court asks CBSE to review APAAR ID consent mechanism, consider policy clarification appeared first on India Legal.