Patna High Court Backs Aadhaar-Based Attendance System for Medical Faculty
The Patna High Court has delivered a significant ruling supporting the mandatory use of Aadhaar-based facial authentication and GPS-enabled attendance for medical college faculty in Bihar. Justice Bibek Chaudhuri dismissed a petition filed by several government doctors who challenged this policy, stating it does not infringe upon the right to privacy.
Court's Rationale for Dismissal
Justice Chaudhuri emphasized that the government's intention behind implementing this Aadhaar-linked biometric attendance system is to ensure good governance. The court noted that the petitioners failed to present any substantial issues beyond privacy concerns while contesting the system.
"The petitioners alleged that Aadhaar authentication is voluntary in nature, but they did not propose any alternative system to ensure faculty attendance in medical colleges and hospitals," the January 17 order stated clearly.
Addressing Privacy Concerns
The court acknowledged that privacy remains a fundamental right, particularly informational privacy as a facet of this right. However, it ruled that unfounded apprehensions cannot form the basis for issuing prerogative writs to protect fundamental rights.
"Privacy of a person is not lost or surrendered merely because the individual is in a public space," the court observed. "Privacy concerns arise when the state intrudes into the body and mind of the citizen."
The judges found that petitioners' fears about personal information disclosure to government authorities lacked substantiation. They noted that biometric attendance systems already operate nationwide in medical colleges and hospitals.
Broader Context of Medical Education
The ruling referenced findings from the National Medical Commission (NMC), which discovered during inspections that many medical colleges function with inadequate teaching staff. The court expressed awareness of the country's health system challenges, including insufficient faculty members and overburdened contractual teachers.
"This court is not unaware of the condition of the health system of the country," Justice Chaudhuri stated, highlighting systemic issues beyond attendance monitoring.
Practical Implementation Details
The contested policy originated from an NMC public notice dated April 16, 2025, which mandated all medical institutions to adopt face-based Aadhaar authentication with GPS location tagging starting May 1, 2025. Faculty members must mark attendance through a mobile application within a 100-meter radius of their institution.
Following this directive, Bihar's health department and medical college principals issued implementation orders, including a memo dated April 21, 2025, requiring immediate compliance.
Petitioners' Arguments
Advocates representing the doctors argued that compulsory Aadhaar-based facial authentication and GPS location sharing violated their fundamental right to privacy under Article 21 of the Constitution. They cited Supreme Court rulings in the KS Puttaswamy cases, contending that Aadhaar should remain voluntary except for welfare schemes and subsidies.
The legal team emphasized that facial data and GPS location constitute sensitive personal information. They argued that forcing faculty to install third-party applications amounted to continuous surveillance, undermining their dignity and informational privacy.
Government's Defense
Advocate General PK Sahi, defending the state's position, explained the practical necessity behind the attendance mechanism. He noted that Aadhaar-enabled biometric attendance has been progressively introduced since 2020 through official notifications.
The government adopted face recognition with GPS tagging to address shortcomings in fingerprint-based systems, which sometimes allowed remote attendance marking when doctors weren't physically present. This new system aims to ensure government doctors don't engage in private practice during official hours, thereby safeguarding public interest and patient care.
Broader Implications
While dismissing the petition, the court directed the NMC to take appropriate action, urging state governments to initiate time-bound recruitment drives to fill numerous vacant teaching positions. The judges recognized that merely securing faculty attendance won't solve deeper health system problems.
"Securing attendance of faculty members will not change the dilapidated health of the health department of the states," the court noted pragmatically. "The condition must be improved if the vacancies are filled up."
The ruling also acknowledged the challenging working conditions many medical faculty face, including excessive hours that can lead to exhaustion. Even with this dismissal, the court suggested that overburdened staff might continue finding ways to manage their difficult circumstances.
This decision reinforces the balance between individual privacy rights and administrative measures aimed at improving governance in critical public sectors like healthcare education.
