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Synopsis

The Bombay High Court on Wednesday refused to interfere in the ban imposed by NG Acharya and DK Marathe College of Mumbai.

A division bench of the high court comprising Justice AS Chandurkar and Justice Rajesh Patil, while dismissing the petition filed by nine Muslim girls, observed that the ban imposed on Hijab, Burqa, Naqab, Caps, Stole, etc., was in the larger academic interest.

"It is in larger academic interest of the students as well as for the administration and discipline of the College that this object is achieved. This is for the reason that students are expected to attend the educational Institution to receive appropriate instructions for advancement of their academic careers. The insistence for following the dress code is within the college premises and the petitioners’ freedom of choice and expression is not otherwise affected. Moreover, a changing room has also been provided for girl students" the court observed. 

The bench also observed that the college management had the right to regulate the educational institution under article 19(1)(g).

"In our view, the dress code as prescribed cannot be held to violate the petitioners’ rights claimed under Article 19(1) (a) and Article 25 of the Constitution of India. The College Administration and the Management have a fundamental right to administer the educational institution under Article 19(1)(g) of the Constitution and in exercise of that right as well as with the object that education can be seriously pursued, the same has been issued," the bench observed. 

Furthermore, it was observed that there is no material placed to uphold the petitioners’ contention that donning Hijab and Nakab is an essential religious practice.

The bench recorded that petitioners were not able to justify the action of seeking publicity even prior to the writ petition being considered for admission.