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.

CAV JUDGMENT

Date: 17-01-2026

1. 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 17^th 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 21^st of April, 2025 issued under the signature of the Member, Sri Krishna Medical College, Muzaffarpur and the letter bearing no. 414 (17) dated 30^th of April, 2025, whereby and whereunder, all the departmental heads have been directed for implementation of notice, dated 16^th 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 writ(s)/ order(s)/ direction(s) in the nature of certiorari for quashing the public notice dated 16.04.2025 issued under the signature of the Secretary, National Medical Commission, whereby the FACE based Aadhar authentication and sharing of Global Positioning System (GPS) for marking attendance of faculty has been directed for mandatory implementation in all medical colleges/institutions (Annexure-P/1, Pg.28.).

ii. To issue an appropriate writ(s)/ order(s)/ direction(s) in the nature of certiorari for quashing the office order bearing memo no. 1128/25 dated 21.04.2025 issued under the signature of Principal, Sri Krishna Medical College & Hospital, Muzaffarpur, whereby all the Departmental Heads have been directed for implementation of FACE based Aadhar authentication for marking attendance of doctors / faculty doctors through Face Biometric authentication from 01.05.2025. (Annexure-P/2, Pg. 45).

iii. To issue an appropriate writ(s)/ order(s)/ direction(s) in the nature of certiorari for quashing the letter bearing no. 414(17) dated 30.04.2025 issued under the signature of Officer on Special Duty, Health Department, whereby pursuant to the notice of the NMC dated 16.04.2025, the Principals / Superintendents of all the Government Medical Colleges and Hospitals in the state of Bihar have been directed to mandatorily implement the FACE based Aadhar authentication for marking attendance of doctors / faculty doctors (Annexure-P/3, Pg.46.).

iv. To issue an appropriate writ(s)/ order(s)/ direction(s) in the nature of mandamus commanding the respondents not to implement the FACE based Aadhar authentication for marking attendance of doctors/faculty doctors. v. To issue an appropriate writ(s)/ order(s)/ direction(s) in the nature of mandamus commanding the respondents to delete all data collected pursuant to the public notice dated 16.04.2025.

vi. To any other relief(s) that the petitioners are entitled to in the facts and circumstances of the case.”

3. The case of the petitioners is that they are faculty members being Assistant Officers, Professor and Heads of the Department, Associate Professor in Sri Krishna Medical College and Hospital, Muzaffarpur; Jawahar Lal Nahru Medical College and Hospital, Bhagalpur; Government College, Bettiah; Nalanda Medical College and Hospital; Government Medical College, Purnia; Darbhanga Medical College and Hospital and Government Medical College, Purnia, respectively.

4. They ar