A bench comprising Chief Justice of India (CJI) Surya Kant and Justices Joymalya Bagchi and V Mohana made the observation while hearing a petition challenging the validity of the APAAR ID scheme, which creates a unique lifelong academic identifier for students.
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The bench noted that since the Centre had not challenged the Orissa High Court’s December 2025 judgment, the ruling should be implemented across the country.
“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 challenges APAAR’s link to Aadhaar
The petition was filed by the parents of four students, who argued that although the government describes APAAR as a voluntary scheme, it effectively compels students to obtain Aadhaar to receive an APAAR ID.Senior advocate Indira Jaising, appearing for the petitioners, argued that children were being pushed into a non-statutory scheme despite its voluntary nature.
She referred to the Supreme Court’s 2019 Aadhaar judgment in the K S Puttaswamy case, contending that making APAAR necessary for examinations indirectly forces students to obtain Aadhaar.
“The right to education is a constitutional right. Asking a child to obtain Aadhaar and APAAR to appear in examinations is against the Constitution,” Jaising told the court.
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She further argued that the implementation of APAAR does not comply with the Digital Personal Data Protection (DPDP) Act, 2023, particularly on informed consent, withdrawal of consent and safeguards for children’s personal data.
According to Jaising, the existing consent form functions like a standard contract, offering parents no meaningful opportunity to refuse consent before enrolment. She urged the court to direct CBSE and schools to ensure compliance with Section 6 of the DPDP Act while collecting parental consent.
The petition also raised concerns over the long-term storage of children’s educational records, arguing that individuals should retain the “right to be forgotten” and be able to withdraw consent.
Supreme Court backs objective but flags consent concerns
While expressing reservations about the broader constitutional challenge to APAAR, Chief Justice Surya Kant said the objective behind the scheme was beneficial.
“Let us not doubt everything in the country with a suspicious eye; it is a welcome step,” the CJI said.
He observed that a unique academic identifier could help educational authorities maintain accurate student records, improve curriculum implementation and monitor factors such as the teacher-student ratio.
However, the bench also indicated that CBSE would have to address concerns related to consent and data protection raised by the petitioners. It observed that CBSE’s circulars would remain subject to the Digital Personal Data Protection Act and could not override existing legal safeguards.
What the Orissa High Court had ruled
The petitioners relied on the Orissa High Court’s December 2025 judgment, which directed the Union Ministry of Education to modify the model APAAR consent form to explicitly allow parents to refuse consent or opt out of the scheme.
The High Court held that the absence of an opt-out provision undermined the government’s claim that APAAR is voluntary and raised legitimate concerns about the fundamental right to privacy.
It also reiterated that access to education cannot be made conditional upon possessing Aadhaar and said a post-facto right to withdraw consent cannot replace the right to refuse consent before enrolment.
The petition before the Supreme Court, filed by Abhishek Baxi, seeks to declare the APAAR scheme unconstitutional, arguing that the Aadhaar-linked academic identifier and its data-processing framework violate Articles 14, 19, 21 and 21A of the Constitution and exceed the executive powers of the Centre.
What is APAAR and why is it being generated?
APAAR, or the Automated Permanent Academic Account Registry, is a nationwide student identification system launched by the Ministry of Education under the National Education Policy (NEP) 2020.
Each student is assigned a unique 12-digit lifelong academic ID that remains with them throughout their educational journey.
Why is the government generating APAAR IDs?
The government says APAAR aims to create a single digital academic identity for every student. It is designed to:
Maintain a lifelong record of academic achievements.
Digitally store marksheets, certificates, degrees and co-curricular accomplishments.
Enable seamless transfer of records when students change schools or colleges.
Reduce paperwork and duplication of records.
Improve education planning and administration through accurate student data.
Is APAAR linked to Aadhaar?
Yes. The APAAR system uses Aadhaar-based identity verification to generate the student ID. This linkage has become the central point of legal challenge, with petitioners arguing that it effectively makes Aadhaar compulsory despite the government’s position that APAAR is voluntary.
Why is the scheme being challenged?
The petitioners have raised several concerns, including:
Lack of a genuine option for parents to refuse consent.
Alleged violation of children’s privacy and data protection rights.
Concerns over long-term storage of students’ personal and academic data.
The argument that education cannot be made conditional on obtaining Aadhaar.
Alleged non-compliance with the Digital Personal Data Protection Act, 2023.
What changes could now happen?
If the Supreme Court formally directs CBSE to implement the Orissa High Court’s ruling nationwide, schools using CBSE guidelines may have to revise APAAR consent forms to clearly allow parents to:
Refuse consent before enrolment.
Opt out of the scheme.
Receive clearer information about how their child’s data will be collected, stored and used.