Supreme Court to Ensure Parents Get Opt-Out Choice in APAAR Scheme, Directs CBSE to Revise Consent Process
The Supreme Court has indicated that it will issue a nationwide direction requiring the Central Board of Secondary Education (CBSE) to incorporate an explicit “opt-out” or refusal option in consent forms for the Automated Permanent Academic Account Registry (APAAR) scheme. The move is aimed at ensuring that parents are given a genuine choice before their children’s academic data is enrolled under the digital identification system, reinforcing the government’s stated position that the scheme is voluntary.
During the hearing of a petition filed by parents challenging the constitutional validity of the Aadhaar-linked APAAR framework, a Bench headed by Chief Justice of India Surya Kant observed that CBSE would be directed to implement, across the country, an earlier judgment of the Orissa High Court. Since the Union Government did not challenge that decision, the Supreme Court indicated that the safeguards ordered by the High Court should now apply nationally. A detailed order is expected to follow.
APAAR, introduced under the National Education Policy (NEP) 2020, provides every student with a unique lifelong academic identification number intended to digitally store marksheets, certificates, degrees and other educational records. The government has consistently maintained that enrolment in the scheme is voluntary and designed to improve academic record management, student mobility and administrative efficiency.
However, the petitioners argued that the scheme has effectively become compulsory in several schools because APAAR generation is linked to Aadhaar authentication and, in some instances, has allegedly been presented as necessary for examination registration and other educational services. Senior Advocate Indira Jaising, appearing for the parents, contended that making Aadhaar-linked enrolment a practical prerequisite for education undermines the constitutional right to education and conflicts with the Supreme Court’s earlier Aadhaar jurisprudence.
A significant concern raised before the Court related to student privacy and the protection of children’s personal data. The petitioners submitted that the existing consent forms do not provide meaningful informed consent because parents are not offered an express option to decline participation before data collection begins. They also argued that the implementation of APAAR must strictly comply with the Digital Personal Data Protection Act, 2023, particularly regarding informed consent, withdrawal of consent, data storage and the “right to be forgotten.”
The Supreme Court acknowledged these concerns and clarified that CBSE’s administrative circulars cannot override existing data protection laws. The Bench indicated that, apart from directing the inclusion of an opt-out mechanism, it would also require CBSE to examine the broader issues relating to consent, privacy safeguards and lawful processing of students’ personal information under the prevailing legal framework.
The Court’s proposed direction stems from the Orissa High Court’s December 2025 judgment, which held that the absence of an explicit refusal clause in the APAAR consent form contradicted the government’s assertion that the scheme was voluntary. The High Court had ruled that parents must be allowed to refuse consent at the outset and that a later option to withdraw consent could not substitute an initial right to decline participation.
If implemented as indicated, the Supreme Court’s order is likely to standardise APAAR enrolment procedures across India by requiring schools affiliated with CBSE to provide parents with a clear and informed choice. The decision is expected to strengthen procedural safeguards surrounding children’s educational data while reaffirming that access to education and examinations cannot be made contingent upon participation in a voluntary digital identification programme.
