Mitali Palnitkar
Published On: February 22, 2022 at 18:37 IST
On February 18, the Karnataka High Court refused Interim Relief to two-degree college students of the Bhandarkar College of Arts and Science. The two students sought directions to the college allowing them to wear Hijab in classes.
Justice Krishan S Dixit refused an Interim Relief observing that the Interim Order dated February 10, passed by the Full Bench governs the issue and therefore, no other relief could be granted by the Single Bench.
The Bench stated that when important questions of law were being debated before the Full Bench on daily basis, no other Interim relief except the one by the Full Bench could be granted to the Petitioners.
It stated, “The interim order granted by the Full Bench on 10-02-2022 in W.P.No2347/2022 and connected matters serves the cause of justice, as rightly submitted by the learned AG.”
In its February-10 Order, the Full Bench restrained the students from wearing religious clothes like Saffron Shawls, Scarfs, Hijab and Religious Flags in the classrooms until the Petitions are pending before the Court for hearing.
The Full Bench had however clarified that the Order was confined to institutions with the prescribed Dress Code.
The Petitioners contended that since the inception of the college, Muslim girls were allowed to wear Hijab. But on February 3, for the first time they were stopped to enter the college as they were wearing Hijab.
The Plea stated that there was a specific rule in the college rule book allowing students to wear a headscarf. It further added that there was no rule under the University Grants Commission (UGC) Act of Karnataka State University Act that prescribes uniforms to College Students.
It was alleged that the Muslim students were being prosecuted for the Political Gains and the Headscarf with which they cover their modesty was being targeted to satisfy the Political Ideology of Divisive Forces.
Therefore, the Petitioners sought directions to the College by way of an Interim Relief to allow them to attend classes wearing headscarves without any discrimination and to allow them to attend college without any restrictions/conditions.