Last Update: February 23, 2023, 17:06 IST
Karnataka government’s February 5, 2022 order was challenged by Muslim girls in the High Court (Representational image)
The Supreme Court had last month said it would consider setting up a three-judge bench to adjudicate on a matter relating to the ban on wearing of Muslim skull caps in government schools in Karnataka.
The Supreme Court on Wednesday said it will consider listing a plea seeking permission for Muslim girls in government schools in Karnataka to appear for examinations wearing hijabs.
Following the apex court’s split verdict on the issue of ban on wearing of Islamic headscarf in educational institutions in Karnataka, girls in hijab are not being allowed to appear for examinations beginning March 9, a bench headed by Chief Justice DY Chandrachud Said.
“They are wearing headscarves. If they wear hijab then they are not allowed inside the examination hall. Only on that limited aspect, the court may consider listing it on Monday or Friday,” said advocate Shadan Farasat.
He told the bench, also comprising Justice PS Narasimha, that due to the ban on wearing hijab, some girls have gone to private institutions, but they have to appear for their exams in government institutions. He said he risked losing another year if the permission was not granted.
The CJI said, ‘I will call.
Due to the split verdict, the decision of the High Court still stands.
The split verdict on October 13 last year stalled a permanent solution to the hijab dispute as both the judges suggested placing the matter before a larger bench for adjudication.
The apex court had last month said that it would consider setting up a three-judge bench to adjudicate on the matter relating to the ban on wearing of Muslim headgear in government schools in Karnataka.
After Justice Hemant Gupta, who retired, dismissed appeals challenging the March 15, 2022 verdict of the Karnataka High Court, which refused to lift the ban, Justice Sudhanshu Dhulia said schools and colleges There will also be no restriction on wearing hijab. of the state.
Justice Gupta had said that allowing a community to wear its religious symbols in schools would be “contrary to secularism”, while Justice Dhulia insisted that wearing a Muslim headscarf should only be a “matter of choice”.
On March 15, 2022, The High Court dismissed petitions by a section of Muslim students of Government Pre-University Girls College in Udupi, Karnataka seeking permission to wear hijab inside classrooms, ruling that it is an essential religious practice is not part of. in the Islamic faith.
During the arguments in the apex court, several lawyers appearing for the petitioners had asserted that prohibiting Muslim girls from wearing hijab in the classroom would jeopardize their education as they may stop attending classes.
Asserting that the agitation in support of wearing hijab in educational institutions was not a “spontaneous act” by some individuals, the state’s counsel had argued in the apex court that the government would be “guilty of dereliction of constitutional duty” if it Did not do that.
The state government’s order dated February 5, 2022 was challenged by the Muslim girls in the High Court. Several petitions have been filed in the apex court challenging the High Court’s decision.
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(This story has not been edited by News18 staff and is published from a syndicated news agency feed)