Supreme Court to direct CBSE to allow parents to opt out of APAAR ID data sharing

“We will direct CBSE to implement this judgment on a pan-India basis… as the HC order has been accepted. We are directing CBSE to examine the (other) issues as well,” the court said.

The Odisha High Court, in its December 12, 2025, judgement in the case Rohit Anand Das and Another vs Union of India and Others, asked authorities “to consider amendment of the model consent form to include an opt out/refusal of consent option therein.”

Every student is assigned a unique, lifelong 12-digit identification number under APAAR, a scheme launched by the Ministry of Education under the National Education Policy (NEP). The APAAR ID serves as a digital academic passport, securely storing educational records, including mark-sheets, degrees, and co-curricular achievements, on a single platform.

Right to privacy

Appearing for the petitioners, Senior Advocate Indira Jaising told the bench, also comprising Justices Joymalya Bagchi and V Mohana, that under APAAR, children are being mandatorily enrolled in a non-statutory scheme.

“All such data-collecting schemes require a law, the reason being that they violate the right to privacy. So, there is no statute in place, and it (APAAR) is being introduced in circulars of the Ministry of Education,” she said.

The CJI pointed to the difficulties in getting a transfer certificate from one educational institution to another, indicating that the APAAR number solves this.

Jaising said she understands there was a legitimate aim. “However, the preconditions must exist. Firstly, there has to be a statute. A statutory requirement exists whenever the right to privacy is threatened,” she added.

“Aadhaar has become mandatory for children who are in Class 10 and Class 12 to be sent up,” she added.

Jaising pointed out that in the Puttusamy judgement in 2019, the Supreme Court had said that children do not need an Aadhaar card.

She said the way this scheme has been visualised, every child has to have an APAAR card. To create an APAAR, one needs an Aadhaar, she said, adding, “thus it becomes a mandatory process, though on paper they call it a voluntary process.”

The CJI said, “Let us not doubt everything in this country with a suspicious eye. It’s a welcome step they are taking”.

Issue of consent

Jaising said that she agrees there may be a legitimate purpose. “But, your Lordship will also examine if that legitimate aim has been achieved through a proportional means, the least restrictive of all means.”

She contended that the consent form is also not in compliance with the Data Protection Act, 2023.

Jaisingh said the bench could strike down the scheme or put in place safeguards regarding consent. She added that the court must also ensure that, when consent is given, it is informed consent.

“The idea is that, at the CBSE headquarters, there is clear information on who is studying what. It also helps maintain the teacher-child ratio. This is for smooth implementation of the curriculum as well,” CJI Kant said.

Jaising added, “We are concerned with the micro-level data. It is my right to be forgotten, to withdraw consent. I don’t want people to know when I am a professional, whether I failed in any subject while at school”.