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BIBEK CHAUDHURI
Shyam Kumar Satyapal – Appellant
Versus
National Medical Commission, Sector 8, Dwarka, New Delhi-110077, through its Chairman – Respondent
Bibek Chaudhuri, J.—A constitutional issue of violation of Right to Privacy is the bone of contention of the instant writ petition, where some medical practitioners, who are in employment in different Medical Colleges and Hospitals in the State of Bihar, have challenged the public notice, dated 17th of April, 2025, issued under the signature of the Secretary, National Medical Commission, whereby face based Aadhar Identification and sharing of GPS location for marking attendance of faculty members of the medical colleges has been directed to be mandatorily implemented in all medical colleges/institutions. The petitioners have also prayed for quashing subsequent orders bearing Memo No. 1128 of 2025, dated 21st of April, 2025 issued under the signature of the Member, Sri Krishna Medical College, Muzaffarpur and the letter bearing no. 414 (17) dated 30th of April, 2025, whereby and whereunder, all the departmental heads have been directed for implementation of notice, dated 16th of April, 2025.
2. For the sake of brevity, this Court finds it appropriate, at the outset, to set out the prayers / reliefs prayed by the petitioners in the instant writ petition:—
“i. To issue an appropriate wr
Mandatory Aadhar-based facial recognition attendance is unconstitutional as it violates the right to privacy under Articles 14, 19, and 21 and must be voluntary as per the Aadhar Act.
Consent forms for educational initiatives must include opt-out provisions to protect individuals' right to privacy under Article 21 of the Constitution.
The restriction imposed by the 2016 Rules on the right guaranteed under Article 19(1)(g) is reasonable and thus saved by clause (6) of Article 19.
UIDAI cannot disclose biometric information without a valid court order, and identification requires live biometric data as per privacy and security frameworks established under the Aadhar Act.
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