The Patna High Court on January 17, 2026, dismissed a writ petition by Bihar medical college faculty challenging the National Medical Commission’s (NMC) mandatory Aadhaar-enabled face-based biometric attendance system integrated with GPS tracking. Justice Bibek Chaudhuri ruled the system constitutional, rejecting privacy violation arguments under Supreme Court precedents like K.S. Puttaswamy, and directed NMC to push states for time-bound faculty recruitment to address shortages.
Court Ruling Details
Justice Bibek Chaudhuri’s judgment in Civil Writ Jurisdiction Case No. 11111 of 2025 emphasized that biometric attendance systems, now nationwide in medical colleges, serve “good governance” without proven privacy breaches. Petitioners, including professors from institutions like Sri Krishna Medical College, Muzaffarpur, argued the April 16, 2025, NMC notice mandating face authentication from May 1, 2025, violated Articles 14, 19, and 21 by compelling GPS sharing within a 100-meter campus radius. The court countered that unfounded fears of data misuse do not warrant striking down the policy, citing Aadhaar Authentication for Good Governance Rules, 2020 (amended 2025), which permit voluntary authentication for efficiency.
The bench noted prior failures: fingerprint/iris systems allowed remote proxy marking, like from outside Bihar, prompting GPS geofencing. “Governments’ intention to use Aadhar based attendance system for good governance” was upheld, with no alternative proposed by challengers. Precedents like Union of India v. Dilip Kumar Rout (2025) and Madras High Court rulings supported biometrics for public servants.
NMC System Background
NMC introduced Aadhaar Enabled Biometric Attendance System (AEBAS) in 2020 via gazette, shifting to face-based in 2025 for user-friendliness, akin to NIC deployments. Colleges share GPS coordinates (100m radius per point) via email by April 20, 2025; faculty install FACE BAS App (Android/iOS), enter 8-digit ID, select entry point, and scan face. Fingerprint devices disabled post-May 1; logs track last 20 entries.
Developed post-fraud cases like fake fingerprints in private colleges and silicon proxies, the system uses UIDAI’s CIDR face repository, ensuring campus verification. As of January 2026, 901 organizations use NMC’s BAS dashboard.
Privacy and Legal Perspectives
Petitioners invoked Puttaswamy (2017/2019), claiming mandatory authentication exceeds Aadhaar Act Section 7 (subsidies/benefits). Court distinguished: attendance aids governance, not welfare; voluntary under Rule 3, but employment justifies compulsion absent alternatives. No evidence showed data intrusion beyond authentication.
Broader context: Supreme Court approved biometrics for sureties (2021); high courts upheld for teachers/staff, deeming discipline essential. Critics note surveillance risks, but court prioritized accountability amid faculty shortages.
Public Health Implications
India’s medical colleges face chronic understaffing; NMC inspections reveal inadequate faculty, exacerbating overwork (24-72 hour shifts). Justice Chaudhuri warned: “Securing attendance… will not change the dilapidated health of Health Department… vacancies must be filled.” Directed NMC to enforce recruitment within six months.
Ensures genuine teaching, curbing “ghost faculty” impacting MBBS training quality, patient care. For consumers, bolsters trust in graduates; professionals gain accountability metrics. Practically, faculty must attend duties over private practice, potentially reducing burnout via hires.
Limitations and Stakeholder Views
Doctors decry work-life intrusion, especially dual-practice norms; no opt-out specified. Technical hurdles: devices need 4GB RAM, 5MP camera. Systemic fix needed—hiring lags despite mandates.
Medical Disclaimer: This article is for informational purposes only and should not be considered medical advice. Always consult with qualified healthcare professionals before making any health-related decisions or changes to your treatment plan. The information presented here is based on current research and expert opinions, which may evolve as new evidence emerges.
References:
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Patna High Court Order, CWJC No. 11111 of 2025, Justice Bibek Chaudhuri, January 17, 2026. Available at: https://medicaldialogues.in/pdf_upload/patna-hc-order-322464.pdf[medicaldialogues]
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Medical Dialogues: “No Privacy violation! HC upholds NMC Aadhaar-based facial, GPS attendance system,” January 19, 2026. https://medicaldialogues.in/news/health/doctors/no-privacy-violation-hc-upholds-nmc-aadhaar-based-facial-gps-attendance-system-for-medical-college-faculty-163052[medicaldialogues]