CBSE Must Allow Parents to Refuse APAAR ID Data Sharing: Supreme Court

Supreme Court on Monday said that it will direct the CBSE to comply with the High Court directive regarding the APAAR ID scheme.

The High Court had ordered that parents be given the choice of not giving consent for the use of the Aadhar information of their kids for the creation of Automated Permanent Academic Account Registry (APAAR) ID.

The three-judge bench presided by CJI Surya Kant was hearing the petitions filed by the parents regarding the constitutional validity of the APAAR scheme.

It will also direct CBSE to look into the issue of data protection and processing of data of students.

"We will direct CBSE to implement this judgment on a pan India basis as the High Court verdict has been accepted. We are also directing CBSE to look into other issues," the court said.

Odisha High Court Order on APAAR ID Consent

Date of the Judgment: The date on which the High Court of Odisha gave its verdict was December 12, 2025 in Rohit Anand Das and Another vs Union of India and Others.

The court recommended that it be considered to amend the model consent form so that the refusal of the parents for giving their consent be included in it.

What Is an APAAR ID?

Each student under this scheme is provided with a unique 12-digit identification number which stays true for his/her entire academic career.

The scheme was launched by the Ministry of Education under the ambit of NEP.

The ID card acts as an academic passport for the individual students and maintains all their academic records on one digital platform.

Parents Raise Right-to-Privacy Concerns

Senior Advocate Indira Jaising, representing the petitioners, informed the apex court that children are compulsorily registered under the APAAR scheme which is not based on any statutory provision.

The reason provided by the lawyer was that all those schemes which have personal data collection should be governed by laws since the right to privacy of an individual can get affected by them.

"All such data collecting schemes require a law because they affect the right to privacy. There is no statute in place, and APAAR is being implemented by circulars of the Ministry of Education," she stated.

Chief Justice Surya Kant recalled the trouble that students usually experience during their efforts to get transfer certificates when they shift from one educational institution to another. According to him, the APAAR number will help solve this problem.

However, Advocate Jaising agreed that the scheme might have some justifiable cause. But then, she pointed out that the necessary legal measures should be taken beforehand while collecting the data from students.

She argued that whenever the right to privacy is concerned, there has to be a statute for the matter.

Advocate Jaising also contended that the scheme of Aadhaar has become compulsory for children who are appearing for class 10 and class 12 board exams.

She relied on the Puttaswamy judgment of the Supreme Court and argued that children are not obliged to have Aadhaar cards.

As per her, the APAAR scheme has been framed in such a manner that it makes it compulsory for each student to have the APAAR ID. And as an Aadhaar number is required for generating the ID, the scheme turns out to be mandatory in practice, although it is stated as voluntary.

In response to her contention, the Chief Justice remarked, "Let us not doubt everything in this country with a suspicious eye. It's a welcome step they are taking."

Supreme Court Examines Issue of Parental Consent

She pointed out that although the APAAR program might be serving a legitimate purpose, the court had to look into whether the same was happening in a reasonable and proportionate manner.

She further emphasized that it is imperative for the government to adopt the least restrictive approach in collecting and processing the personal data of students.

Further, she said that the existing consent form of the APAAR program did not comply with the provisions of the Digital Personal Data Protection Act, 2023.

According to her, the Supreme Court can either declare the program unconstitutional or add more safeguards regarding the parental consent.

Furthermore, she emphasized that any parental consent must be an informed consent where parents should fully understand the process of collecting, storing, processing, and sharing of their children's data.

The Chief Justice said that the scheme would help the CBSE to maintain the record of students and their subjects. The program could also help authorities keep track of the teacher-student ratio and smooth implementation of the curriculum.

However, Ms Jaising contended that the petitioners were worried about the collection of detailed personal data at the individual level.

She said that students must be given the right to withdraw their consent and request for deletion of their data.

“It is my right to be forgotten and to withdraw my consent. I don't want anyone to know, when I become a professional, whether I have failed in any subject in school,” she added.

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