No Privacy violation! HC upholds NMC Aadhaar-based facial, GPS attendance system for medical college faculty

While dismissing the plea, and upholding the decision taken by NMC for Aadhar linked biometric attendance by faculty members in medical colleges and hospitals, the HC bench comprising Justice Bibek Chaudhuri also directed NMC to take appropriate action directing the State Government(s) to initiate appointment / recruitment drive to fill up huge number of vacant posts in medical teaching service within a time bond period.

"This Court anxiously notes that securing attendance of faculty members will not change the dilapidated health of Health Department of the State(s). On the contrary, the condition must be improved if the vacancies are filled up. This Court is not unmindful to note that if a medical officer or a faculty member is compelled to act continuously for 24 hours or 48 hours or even 72 hours without any break, the tendency of fleeing away and giving false attendance by such over-burdened, if not tortured, faculty members, shall remain and though the instant writ petition is dismissed they will try to find out some other means and ways to avoid attendance," it observed.

The Court was hearing a plea filed by doctors of some medical colleges of Bihar challenging the instruction from the National Medical Commission for Aadhaar-based attendance.

It was submitted by the petitioners, faculty members being Assistant Officers, Professor and Heads of the Department, Association Professor in medical colleges across Bihar, that they were directed by NMC to fully shift their face-based Aadhar Authentication for marking attendance NMC from 1st of May, 2025.

NMC said in the notice that the said system of attendance was introduced to leverage the latest technology and to make the attendance process user-friendly. The notice further provided steps to be followed for such implementation, which included, among others, attendance to be marked within 100 meters radius of a given GPS location in the college.

The college would share GPS location points where it wants to convince of attendance marking via the mobile app. The notice also required all faculties to install face based Aadhar Authentication App on their mobile phone. The notice was addressed to medical colleges and institutions and was also forwarded to the respective Health Departments in all States and Union Territories.

It was alleged by the petitioners that the introduction of face-based authentication attendance is in complete violation of the judgement passed by the Hon’ble Supreme Court in K.S. Puttaswamy (Privacy-9J.) v. Union of India and K.S. Puttaswamy (Aadhaar-5J.) v. Union of India.

On the other hand, the Advocate General submitted that the face attendance through face identification/iris was done by the NMC. However, it was found that such attendance can be given from a remote place without attending medical colleges and hospitals, submitted the counsel. 

As soon as the GPS location has been tagged, the petitioners found that if they give attendance from an area beyond 100 meters of the precincts of concerned medical college and hospital, they will be marked absent. This has caused serious problem to doctors who on one hand are in employment of government service in most coveted post of Assistant Professor, Professor, Head of the Department etc., and also engaged in private practice during hours when they are supposed to discharge their final duties, submitted the Advocate General.

Further, it was submitted by the Advocate General that the petitioners alleged about violation of fundamental rights but for violation of such fundamental rights what predicament they face has not been narrated in the writ petition.

At this outset, the HC bench observed,

"It is already recorded that the primary submission made on behalf of the petitioners is that the introduction of Aadhar Enabled Face Identification for attendance with GPS location of the medical officers is a direct violation against their right to privacy and right to control the dissemination of personal information. Privacy of a person is not lost or surrendered merely because the individual is in a public space. Privacy is a postulate of dignity itself. Privacy concerns arise when the State intrudes into the body and mind of the citizen. Informational privacy is a facet of Right to Privacy. This right cannot be interfered with, without a just, fair and reasonable law. It has to fulfill the test of proportionality, i.e., existence of law, legitimate State’s aim and proportionate use of the same. Aadhar Act describes a scheme which is absolutely optional and voluntary. The Act is declared to be valid when it is applicable for providing the subsidies benefits and services to the card holders. Mandatory direction to give attendance by the faculty members of medical colleges and hospitals are not within the scope of subsidies benefits and services for which Aadhar was contemplated."

The Court further noted that the Supreme Court in K. Puttaswamy’s judgement delivered in the year 2017 that the benefits which are earned by an individual such as pension by government employee cannot be covered under Section 7 of the Aadhar Act as it is the right to individual reserving such benefit.

"The notifications analyzed by the Hon’ble Supreme Court in relation to various welfare schemes indicate that to avail the benefits, only one time verification is required except for few services where annual verification is needed. Section 3 of the Aadhar Act stipulates that it is an enabling provision which entitled every resident to obtain Aadhar No. Therefore, it is voluntary in nature. The said fact was got approval in Binoy Viswam v. Union of India reported in (2017) 7 SCC 59," noted the HC bench.

It was observed by the Court that the Government of India, Ministry of Electronics and Information Technology issued a circular, dated 25th of March, 2025 on the subject of standard operating procedure and application format for submission of proposal for use of Aadhar authentication under the Aadhar authentication for Good Governance (Social Welfare, Innovation, Knowledge) Rules, 2020 (as amended in 2025).

The said circular referred to the Good Governance Rules, 2020, as amended in 2025, to enable any entity other than the Ministry or Department of Central and State Governments for utilizing Aadhar authentication, on voluntary basis, by submitting a proposal with justification in regard to the authentication sought being for a purpose specified in Rule 3 and in the interest of State(s) to the concerned Ministry or Department of the appropriate Government. It was also directed that if the concerned Ministry or Department is of the opinion that the proposal submitted thereunder fulfills a purpose specified in Rule 3 and is in the interest of the State, it shall forward the proposal along with the recommendations to MeitY.

"Thus, the above-mentioned rule clearly establishes Governments’ intention to use Aadhar based attendance system for good governance. In the instant writ petition, the petitioners alleged that Aadhar authentication is voluntary in nature, but it does not state the alternative system by which attendance of the faculty members of medical colleges and hospitals can be ensured," held the HC bench.

The High Court also observed that the biometric attendance system had been upheld in numerous cases. It further noted that the medical colleges were found to be operating with inadequate teaching staff. Observing that the state of the healthcare system in the country cannot be ignored, the HC bench observed that if the NMC implements a foolproof attendance system for faculty members, it should not be struck down.

"On due consideration of the matter in issue, this Court does not find any reason to raise this grievance by some medical officers and faculty members of a few medical colleges and hospitals in the State of Bihar. 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," observed the High Court.

"The NMC is a statutory body, controlling the medical education, ethics and other related matters of the country. It is found by the NMC during their inspection that the medical colleges are run with inadequate numbers of teaching staff. As a social being, this Court is not unaware of the condition of the health system of the country. The Government and Government aided medical colleges are run by inadequate faculty members, inefficient contractual teachers, lesser number of laboratory and technical assistants and administrative staff...Under such circumstances if the NMC introduces a full proof attendance system of faculty members, such system should not be scrapped on the ground of arbitrariness and unconstitutional," it further noted while dismissing the plea.

"While dismissing the instant writ petition and holding the decision taken by the NMC for Aadhar linked biometric attendance by the faculty members in medical colleges and hospitals, though the instant writ petition does not rise the issue, the NMC is directed to take appropriate action directing the State Government(s) to initiate appointment / recruitment drive to fill up huge number of vacant posts in medical teaching service within a time bond period. This Court anxiously notes that securing attendance of faculty members will not change the dilapidated health of Health Department of the State(s). On the contrary, the condition must be improved if the vacancies are filled up. This Court is not unmindful to note that if a medical officer or a faculty member is compelled to act continuously for 24 hours or 48 hours or even 72 hours without any break, the tendency of fleeing away and giving false attendance by such over-burdened, if not tortured, faculty members, shall remain and though the instant writ petition is dismissed they will try to find out some other means and ways to avoid attendance," it further directed.

To view the order, click on the link below:

https://medicaldialogues.in/pdf_upload/patna-hc-order-322464.pdf

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