NEW DELHI: The Supreme Court on Thursday agreed to hear on August 9 a plea filed by a group of college students against challenging the Bombay High Court's judgment upholding the ban imposed by a private college in Mumbai on the wearing of hijab, nakab, burkha, cap, etc by students on its campus.
In their plea before the top court, students contended that the dress code was arbitrary and discriminatory and the college was wrong in its order in trying to impose a dress code.
"The code infringes upon their right to choose their attire, their right to privacy, and freedom of expression under Article 19(1) (a) and their right to freedom of religion under Article 25 of the Constitution," they said.
Their counsel submitted before a bench of Chief Justice of India D Y Chandrachud and Justices J B Pardiwala and Manoj Misra the matter was required to be heard urgently as the exams are beginning from Thursday.
"Were you being stopped from appearing in examinations," the bench asked the counsel who said yes, if they do not adhere to dress code.
The court then fixed the matter for hearing on August 9.
The authorities of the N G Acharya & D K Marathe College, in Mumbai prescribed a dress code prohibiting their students from wearing hijab, nakab, burkha, stole, cap, etc, on campus.
Nine female students challenged this dress code before the Bombay High Court.
The HC's bench of Justices A S Chandurkar Rajesh S Patil had on June 26 refused to entertain the plea.
The HC had said that the insistence for following the dress code is within the college premises and the petitioners' freedom of choice and expression is not otherwise affected.
Thereafter, the students moved the top court by filing an appeal before it by challenging the HC's order.
The petitioners contended the dress code and the restriction on hijab, nakab, burka etc in the campus violates their fundamental rights.
As per the code, the dress of the students is expected to be formal and decent and should not reveal the religion of any student.
