A lawyer sought an urgent hearing of the plea saying girls are on the verge of losing another academic year as the exams are to be held soon.
SC to set up three-judge bench to hear plea on allowing hijab-clad students in Karnataka to sit for exams.
The Supreme Court will set up a three-judge bench to hear a plea of Muslim girl students to sit for examinations in Karnataka government schools while wearing the hijab, it said on Friday, 3 March.
“I will create a bench,” said a bench comprising Chief Justice DY Chandrachud and Justices PS Narasimha and JB Pardiwala, when a woman lawyer sought an urgent hearing on the plea, saying girls were on the verge of losing another academic year as the exams are being held in government schools which do not permit wearing of the hijab.
Initially, the CJI said the matter will be listed for hearing after the Holi vacations.
The examinations are scheduled to be held after five days (9 March), the lawyer said, adding, “They have missed one year. They will miss another year.”
On being told by the bench that the matter has been mentioned on the last day before the vacation, the lawyer said it has been mentioned twice earlier.
Without specifying the date, the bench then said it would create the bench.
The matter was last mentioned for urgent hearing by lawyer Shadan Farasat on behalf of the students.
The court had then said it would take a call on listing a plea for allowing Muslim girl students to sit for examinations in Karnataka government schools while wearing hijab.
Farasat referred to the 13 October, 2022, the split verdict by a top court bench on a batch of petitions that had challenged the Karnataka High Court judgement upholding the state government’s ban on Muslim girls wearing hijabs in government schools and educational institutions.
While Justice Hemant Gupta (since retired) had dismissed the appeals against the Karnataka High Court judgement, Justice Sudhanshu Dhulia allowed the appeals. After delivering a split verdict, the bench referred the matter to the Chief Justice of India to constitute an appropriate bench to adjudicate the issue.
On 23 January, the Supreme Court agreed to constitute a three-judge bench to consider petitions challenging the ban on hijab in classrooms/premises of government educational institutions.
December 2021: Students wearing hijabs were not allowed inside classrooms at a government PU college in Udupi.
Since a meeting between parents and the college principal failed to resolve the issue, six students started a protest on the college campus.
1 January, 2022: Government PU college decided not to allow hijab-wearing students inside the class.
Students start protesting; the now-banned Campus Front of India (CFI) announced support for the protest.
Soon, students affiliated with the ABVP and other right-wing organisations launched counter-protests in various colleges across the state. They wanted permission to wear saffron shawl inside class.
31 January: Students approach Karnataka High Court challenging the college management’s order.
5 February: Even as the matter is pending before a single bench of the Karnataka High Court, the state’s Education Department issues a circular regarding the dress code.
The circular read: In exercise of the powers conferred under Section 133(2) of the Karnataka Education Act,1983, we direct students of all government schools to wear the uniform fixed by the state. Students of private schools may wear uniforms prescribed by the management committees of the school. In colleges that fall under the Karnataka Board of Pre-University Education, dress code prescribed by the College Development Committee or the administrative committee must be followed. If the administration does not fix a dress code, clothes that do not threaten equality, unity, and public order must be worn.
8 February: Violence erupts at many places during pro- and anti-hijab protests. Section 144 was imposed in Shivamogga city.
9 February: Single judge bench of the high court refers the hijab issue to a larger bench.
10 February: A three-judge bench headed by Chief Justice Ritu Raj Awasthi and comprising Justice Dixit and Justice JM Khazi start hearing on the hijab issue.
11 February: Karnataka High Court requests the state to re-open educational institutions at the earliest and restrains students from wearing any sort of religious clothes in classrooms, regardless of their faith, while the matter is pending.
25 February: Full bench of the Karnataka High Court reserves an order on the hijab issue after hearing the matter for 11 days.
15 March: Full bench pronounces the verdict. The order reads:
“We are of the considered opinion that wearing of hijab by Muslim women does not form a part of essential religious practice in the Islamic faith.
We are of the considered opinion that the government has the power to issue the impugned
Order dated 05.2.2022 and that no case is made out for its invalidation.
We are of the considered opinion that the prescription of school uniforms is only a reasonable restriction constitutionally permissible to which the students cannot object to.”
16 March, 2022: One student approaches Supreme Court, challenging the Karnataka High Court Order.
13 October, 2022: A two-judge bench of the Supreme Court delivers a split verdict on petitions challenging the Karnataka High Court order.
23 January, 2023: Apex court said it would consider setting up a three-judge bench to adjudicate the case
22 February, 2023: Supreme Court says “it will take a call” on listing a plea to allow Muslim girls from Karnataka to sit for exams (starting 9 March) in government schools, wearing the hijab.
3 March, 2023: Supreme Court says it will create a three-judge bench for an urgent hearing, on a plea to give a nod to Muslim girls to sit for the exams.
(With PTI inputs)
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