Aadhaar And GPS Based Attendance System For Medical College Faculty Not Violative Of Right To Privacy: Patna High Court
In a significant judgment, the Patna High Court has upheld the requirement of Aadhaar-based facial authentication and GPS location sharing for marking attendance of faculty members in medical colleges in Bihar.A Single Judge Bench comprising Justice Bibek Chaudhuri was hearing a writ petition challenging a public notice directing mandatory implementation of face-based Aadhaar authentication...
In a significant judgment, the Patna High Court has upheld the requirement of Aadhaar-based facial authentication and GPS location sharing for marking attendance of faculty members in medical colleges in Bihar.
A Single Judge Bench comprising Justice Bibek Chaudhuri was hearing a writ petition challenging a public notice directing mandatory implementation of face-based Aadhaar authentication and GPS-enabled attendance across medical colleges and institutions in the State.
The petitioners, who were employed in different medical colleges and hospitals, contended that the introduction of such a system violated their right to privacy under Article 21 of the Constitution. Relying on the Supreme Court's decisions in K.S. Puttaswamy (Privacy-9J.) v. Union of India and K.S. Puttaswamy (Aadhaar-5J.) v. Union of India, the petitioners argued that Aadhaar could be made mandatory only for welfare schemes, subsidies, and benefits. They also placed reliance on Sections 7, 8, 23, 53 and 57 of the Aadhaar Act to submit that compulsory facial authentication and location sharing were unconstitutional.
The State defended the impugned notice and circular, arguing that the practical purpose behind the measure must be considered. It was submitted that the attendance mechanism had been introduced to ensure that doctors in government service do not engage in private practice during hours when they are required to discharge official duties.
The High Court noted that biometric attendance systems have been upheld in several cases. It further observed that medical colleges were found to be operating with inadequate teaching staff, and that the condition of the health system in the country cannot be ignored. In that context, the Court held that if the National Medical Commission introduces a foolproof attendance system for faculty members, it should not be struck down. The Court further noted:
“…It is not in dispute that biometric attendance system is in force in the entire country in medical colleges and hospitals. Apart from outraging the right of privacy, the petitioners have not come forward to any other issue while challenging Aadhar linked biometric attendance system. It is apprehended by the petitioners that their personal information will be revealed before the Government authority but no case is made out to substantiate such apprehension. An unfounded apprehension cannot be the basis for issuance of prerogative writs for protection of fundamental rights because the petitioners must come forward with the specific case of violation of fundamental rights. No such case is made out.”
Accordingly, the Patna High Court dismissed the writ petition and upheld the public notice mandating Aadhaar-based facial authentication and GPS-enabled attendance for medical college faculty members.
The Court also directed the National Medical Commission to take appropriate steps, including directing the State Government(s) to initiate an appointment and recruitment drive to fill the large number of vacant posts in medical teaching services within a time-bound period, preferably within six months.
Title: Dr Shyam Kumar Satyapal and Ors v The National Medical Commission and Ors.
Case Number: Civil Writ Jurisdiction Case No. 11111 of 2025.
Appearances: Ms Shrishti Singh, Mr Pranav Kumar, Mr Saurabh Sunder, and Mr Ashish Gaurav appeared for the Petitioners. Advocate General Mr P.K. Sahi, along with Mr P.N. Sharma, Mr Kumar Priya Ranjan, Mr Sudarshan Bharadwaj, Dr K.N. Singh, and Mr Amit Kishore Sinha appeared for the Respondents.