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The special bench of Karnataka High Court today clarified that if a college has prescribed a uniform, it has to be followed irrespective whether it is a degree college, government college etc till the disposal of this matter. The court said this to clarify the interim arrangement as a counsel mentioned before the court that a plea has been field by degree college students seeking clarification as to whether it will apply to them.

The counsel submitted that some colleges are using the order to prescribe uniforms overnight and that the students are being put at difficulty. He further submitted that since the practical exams are approaching, there is an urgent need for clarification.

Advocate General Prabhuling Navadgi said, “He has filed a writ petition in respect of Bhandarkar college, the institution has said that they have passed a resolution saying that they have a uniform.”

He further said if somebody has violated the order of the court, the act of violation should be impugned and a writ petition seeking clarification cannot be filed.

Another counsel submitted that teachers are being forced to remove their headscarves, following which, the court clarified that the order applies only to students and not to teachers.

On Monday, Justice Krishna Dixit of Karnataka High Court declined to grant an interim relief to degree college students from Udupi who sought the court to direct the college to permit them to wear Hijab.

The court noted that since the order of the full bench of Karnataka High Court is still in place, no relief can be granted by a single judge. According to reports, the petitioners who sought the relief are students of Bhandarkar College of Arts and Science.

The order further notes that, “When important questions of law are being debated before the Full Bench on day to day basis, no other interim relief can be granted to the petitioners except the one granted by the Full Bench, in the fitness of things, petitioners arguably being the students of Degree Colleges.”

According to reports, this petition was delinked from the batch of petitions which are currently being heard by the larger bench.

Media reports state that the petitioners are pursuing business administration at the said college and claim that they have been wearing Hijab over the college uniform. It further states that there is a specific rule which permits Muslim students to wear Hijab.The petition states that they were suddenly stopped from wearing Hijab on the 3rd of February on the grounds of a government order. The petition further states that there is no rule by the UGC or the Karnataka State University Act which prescribes uniforms to college going students. According to reports, the plea further states that they are being persecuted for political gains as they are Muslim students.

According to reports the petitioners had sought for an interim relief to permit them to wear Hijab without any bias or discrimination.

 

Case title: X Vs State of Karnataka