The one judge bench of Justice Krishna Dixit today decided to take the matter to a big number bench. The Judge noted in the order that the issue regarding interim relief will also be taken by the referred bench.
The statement is filed in the first two petitions, wherein the February 5, 2022 notification imposing dress code was not under challenge.
Today’s view of the judgement came after a question raised regarding; can education institutions allow Islamic girl students to not wear hijabs in education premises.
The Advocate general said that students should definitely take up the classes by proper dress code under rules of the college.
Advocate Devadatt Kamat appearing for petitioners agreed to the Bench decision and said that “Let the matter be sent to a larger bench, but let the student follow their faith and go back to school".
Justice Krishna Dixit today finally noted that “I feel this matter requires consideration of a larger bench. The wisdom emanating from neighbouring HC judgements needs to be treated.”
Justice Krishna Dixit referred an order for placing the issue in front of the Karnataka chief justice to constitute a big number bench. During the hearing , justice observed that in issues of personal laws, it is the practice to constitute a larger bench to decide the matters.
Meanwhile from the last few days a protest, led by Islamic women of different organisations, was carried in Karnataka’s Kalburgi demanding Hijab be considered in the premises of schools and colleges as the authorities opposed them regarding its circular to not allow hijabs in government educational institutions.
On the other side large numbers of men are also protesting to allow them to wear saffron towels and clothes items inside educational premises. They are expressing their views that if authorities are gonna allow hijabs why don't they allow saffron towels inside educational premises.
Now Karnataka High Court to decide whether wearing of hijab comes under right to expression under Article 19(1)(a) of Indian Constitution.
Earlier in 2016 The Kerala High Court delivered a judgement that hijab as necessary religious wearing of Muslim Woman and allowed two Muslim girl students to appear for CBSE Pre medical exam while wearing hijab.
In the another order Madras High Court noted that Muslim scholars mentioned that purdah is not a mandatory cloth but covering of head with Hijab is necessary religious practice.