A division bench comprising Justices AS Chandurkar and Rajesh Patil decided not to interfere with the college’s decision, dismissing a petition filed by nine female students in their second and third year of a science degree course.
Earlier this month, the students challenged a directive from Chembur Trombay Education Society’s NG Acharya and DK Marathe College, which imposed a dress code prohibiting hijabs, naqabs, burkas, stoles, caps, and badges inside the college premises.
The petitioners argued that the directive violated their fundamental rights to practice their religion, as well as their rights to privacy and choice.
Their plea described the college’s action as “arbitrary, unreasonable, bad-in-law, and perverse.”
Last week, the petitioners’ advocate, Altaf Khan, presented verses from the Quran to the high court to support the claim that wearing the hijab is an essential part of Islam.
In addition to their right to practice their religion, the petitioners also cited their rights to choice and privacy in opposing the college’s decision.
The college argued that the ban was a disciplinary measure for a uniform dress code and was not targeted at the Muslim community. Senior counsel Anil Anturkar, representing the college management, stated that the dress code applied to all students, regardless of religion or caste.
The students, however, contended that the directive was “nothing but a colorable exercise of power.”
Initially, the students requested the college management and principal to withdraw the restrictions on the naqab, burka, and hijab, arguing for their right to choice, dignity, and privacy in the classroom.
They also raised their concerns with the chancellor and vice-chancellor of Mumbai University and the University Grants Commission, seeking their intervention to uphold the spirit of non-discriminatory education.
When they received no response, the students filed a petition in the high court.