The Supreme Court on Wednesday said that it would take a call on listing the plea to enable some Muslim girl students from Karnataka to give their exams in government colleges which have imposed a ban on wearing headscarves, reported Bar and Bench.
Advocate Shadan Farasat, appearing for the petitioners, told the top court that they had lost a year and the upcoming exams were on March 9, and sought an urgent listing of the matter.
The Supreme Court asked Farasat why the students were not allowed to give their exams, to which the counsel replied that they continued to wear the hijab, and hence were not allowed in the examination hall.
Chief Justice of India D Y Chandrachud then responded saying, “I will take a call.”
On January 23, the case was mentioned by senior advocate Meenakshi Arora who had told the Supreme Court that there were practical exams scheduled in February for which the Muslim students were to appear. Therefore, interim directions were needed so that the affected girls could have appeared for their exams.
The court had assured the petitioners that a date would be fixed for a three-judge bench to hear the matter.
A two-judge bench of the top court on October 12, 2022 delivered a split verdict on appeals challenging the March Karnataka High Court judgment upholding the ban on wearing hijab in classrooms in pre-university colleges.
While Justice Hemant Gupta opined that the Karnataka High Court was well within the rights to ban hijab in educational institutions, on the other hand, Justice Sudhanshu Dhulia had quashed the high court order and called wearing hijab a “matter of choice” and a “fundamental right”.
Since the verdict was split, the matter will now be heard by a three-judge bench, which CJI Chandrachud, being the master of the roster, would decide who will be part of the bench.