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Dismissing the plea(s) challenging alleged ban on wearing the Hijab at Pre-University colleges in district Udupi, the Karnataka High Court today held that wearing Hijab is not essential religious practice of Islam and prescription of school uniform by the PU colleges is a reasonable restriction.

A Special Bench headed by Chief Justice Ritu Raj Awasthi and consisting of Justices Krishna Dixit and JM Khazi today pronounced the judgment which the bench had reserved on 25th February 2022.

The bench primarily framed four questions, (a) Whether Hijab is an essential religious practice protected under Article 25, (b) Whether school uniform is not legally permissible, (c) Whether the government order of February 5 was issued without application of mind and was arbitrary, and (d) Is any case made out to initiate disciplinary inquiry against college?

The bench concluded, "We are of the opinion that Government has power to issue GO, we are of the the opinion no case is made out to initiate disciplinary enquiry against college authorities. All writ petitions are dismissed."

In this hijab row case, the original writ petition was filed on behalf of a student, through her brother alleging that the Government Pre-University college for girls in the Udupi district of the State had allegedly denied entry to 8 students because they wore hijab.

The petitioner had alleged that the girl students, who practice and profess the Islamic faith, were “denied the fundamental right to education because they wore hijab.”

Raising the argument that “wearing of hijab is part of the essential religious practice in the Islamic faith and is a fundamental right that ought to be protected by the state,” the plea had claimed that the actions of the college administration were unconstitutional, arbitrary and exclusionary in nature.

Initially, the matter was put up before the single judge bench of Justice Krishna Dixit on February 9, 2022. However, the next day, Justice Krishna Dixit, after some deliberation with the members of the bar placed the matter before the Chief Justice of Karnataka High Court, Justice Ritu Raj Awasthi, to consider placing the matter before a larger bench since many important issues are involved. It was during this time that the Karnataka government was constrained to close educational institutions owing to social disturbances.

When the matter came up before the larger bench for the first time consisting of Chief Justice Ritu Raj Awasthi and Justices Krishna S Dixit and JM Khazi, on February 11, 2022, Senior Advocate Sanjay Hegde argued that uniforms are mandatory only for schools and that there is no provision in Karnataka Education Act, 1983 and the subsequent rules under the Act to penalise any student for not wearing uniforms properly. 

The court however passed an interim arrangement which said "We restrain all the students regardless of their religion or faith from wearing saffron shawls (Bhagwa),scarfs, hijab, religious flags or the like within the classroom, until further orders.”

Notably, Despite the matter being mentioned before the Supreme Court twice the Apex Court refused to intervene with CJI Ramana remarking, “Why do you want to spread these things to a larger level?”

Thereafter, the matter continued in the high court and on February 26, Court reserved the order.

Case title: X Vs State of Karnataka