ARE STUDENTS ALLOWED TO WEAR THE HIJAB IN COLLEGE? THE HIGH COURT OF KARNATAKA REMANDS THE MATTER TO A LARGER BENCH.


 

The Karnataka hijab case has been referred to a larger court by a single-judge panel led by Justice Krishna Dixit.

The decision came after Karnataka's Advocate General Prabhuling Navadagi opposed the provision of interim relief allowing students to attend college while wearing hijab.

"An interim order at this stage will amount to accepting the petition," he argued, opposing any relief.

"The registry is directed to bring [the matter] to the Chief Justice of the HC for consideration immediately," Justice Dixit remarked. As there is a sense of urgency." The issue of interim relief will also be reviewed by the bigger bench, according to Justice Dixit's decision.

"Given the magnitude of the issues being disputed, the court is of the considered judgement that the documents be placed in the hands of the Chief Justice to determine if a larger bench can be formed on the topic," Justice Dixit stated.

"The petitions are misconceived," Navadagi said in court. They have raised concerns with the government. Autonomy has been granted to each institution. A decision is not made by the state. As a result, there is no prima facie case."

"Children must attend class dressed according to the college's dress code." There are numerous rulings that state that the hijab is not an essential aspect of Islamic practise. He continued, "The test that if they don't practise the faith itself goes."

"The AG claims we have not prescribed/proscribed any uniform," Sanjay Hegde, arguing for the petitioners, argued. The second question is whether the CDC interprets the government directive as not prescribing, in which case the matter does not arise. However, if the College Development Committee (CDC) thinks so, the question arises.

"The Karnataka Education Act has no provisions for uniforms. I walked up and down the stairs. I didn't come across anything, "he stated

"My interim prayer is that the challenge to the government order be set aside," Adv Kamat said on behalf of the petitioners. Please let me go to school in my regular clothing. Do not put it in the hands of a principal or the CDC."

Advocate Sajjan Poovaiah, who represented Kundapur College in the Karnataka High Court in Udupi, stated that the college's uniform prescription had been in place for a year and no one had objected.

"Every year, the College Development Committee meets, and all stakeholders are engaged before a decision is made," Poovaiah added. He was against any sort of interim relief for the petitioners.

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