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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