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Synopsis

The Supreme Court today agreed to hear an appeal filed against the Bombay High Court's decision declining to grant any relief in the petition filed by 9 girl students challenging the ban on hijab, burqa, naqab etc in the NG Acharya and DK Maratha College of Mumbai.

Chief Justice of India DY Chandrachud led bench has said that the date for the hearing will be given after the matter was mentioned today for an early hearing.

The 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).

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.