Supreme Court orders CBSE to implement Orissa HC verdict on APAAR consent forms nationwide

The Supreme Court on Monday stated that it will direct the Central Board of Secondary Education (CBSE) to implement a recent judgment of the Orissa High Court regarding the consent forms for the Automated Permanent Academic Account Registry (APAAR) scheme. The high court had directed that the model consent form be amended to allow parents the option to refuse consent or opt out of the scheme.

APAAR, launched under the National Education Policy 2020, assigns each student a unique 12-digit ID that functions as a digital repository for academic records, including marksheets, degrees, and co-curricular achievements. The scheme is intended to streamline educational data management.

A bench comprising Chief Justice Surya Kant and Justices Joymalya Bagchi and V. Mohana was hearing a petition filed by parents of four students challenging the validity of the APAAR scheme. The petitioners argued that the scheme effectively compelled students to obtain Aadhaar IDs, which they contended was unconstitutional.

During the hearing, the court noted that the central government had not challenged the Orissa High Court's December 2025 judgment. Consequently, the bench said it would direct the CBSE to implement the ruling across India. “We will direct the CBSE to implement this judgment 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 observed.

The court also indicated that it would ask the CBSE to address concerns regarding consent and data protection raised by the petitioners. Senior advocate Indira Jaising, representing the petitioners, argued that children were being effectively forced to enrol in a non-statutory scheme, despite the government describing APAAR as voluntary. She pointed out that although APAAR is projected as optional, it is linked to Aadhaar, making Aadhaar enrolment a practical prerequisite for obtaining an APAAR ID.

Referring to the 2019 Supreme Court judgment in the K.S. Puttaswamy case, Jaising said children cannot be compelled to obtain Aadhaar. Making APAAR necessary for examinations indirectly violates that principle, she argued. “The right to education is a constitutional right. Asking a child to obtain Aadhaar and APAAR to appear in examinations is against the Constitution,” she said.

Jaising further submitted that the scheme's implementation failed to comply with the Digital Personal Data Protection (DPDP) Act, 2023, particularly regarding informed consent, withdrawal of consent, and protection of students' personal data. She described the existing consent form as akin to a standard contract, offering no meaningful opportunity to refuse or opt out before enrolment. She urged the court to direct CBSE and schools to ensure strict compliance with Section 6 of the DPDP Act.

Concerns were also raised about the long-term storage of children's educational records, with the petitioners arguing that individuals should retain the “right to be forgotten” and be able to withdraw consent. Chief Justice Surya Kant, however, expressed reservations about a broader challenge to the scheme, noting its objective of creating a unique academic identity for every student to improve educational administration. “Let us not doubt everything in the country with a suspicious eye; it is a welcome step,” the CJI remarked.

The bench observed that while the scheme may pursue a legitimate objective, it must satisfy constitutional standards of legality, necessity, and proportionality. The court said it would issue a formal order later, directing the CBSE to implement the Orissa High Court's directive and address the petitioners' concerns.