Plea in Supreme Court challenges ban on wearing hijab, cap, stoles in Mumbai college

A plea has been filed before the Supreme Court challenging the Bombay High Court order that upheld the ban imposed by a Chembur college on students wearing burqa, hijab or niqab on campus [Zainab Abdul Qayyum Choudhary and Others v. Chembur Tromboy Education Society, NG Acharya and DK Marathe, College of Art, Science and Commerce and Others]..A Bench of Chief Justice of India (CJI) DY Chandrachud and Justices JB Pardiwala and Manoj Misra agreed to list the case and hear it."Yes we will give a date in this case and hear it," the Court said..Nine students of NG Acharya and DK Marathe College in Chembur had moved the Bombay High Court against a notice from the college instructing them to follow a new dress code from the new academic year beginning in June.“You shall follow the dress code of college of formal and decent dress which shall not reveal anyone’s religion such as no burqa, no nakab, no hijab, no cap, no badge, no stole etc. Only full of half shirt and normal trousers for boys and any Indian/ western non-revealing dress for girls on the college campus. Changing room available for girls,” the notice stated.The High Court, however, dismissed the plea. A Bench of Justices AS Chandurkar and Rajesh Patil observed that the directive aimed to prevent the disclosure of a student's religion, allowing them to focus solely on their education."The object behind issuing the same is that the dress of a student should not reveal his/her religion which is a step towards ensuring that the students focus on gaining knowledge and education which is in their larger interest," the Court had said while upholding the notice.Aggrieved, the students have now approached the apex court..Before the top court, the appellants have highlighted that the college, affiliated to Mumbai University and aided by the State of Maharashtra, had no power and authority under any law to issue directions giving out such restrictions."The proposition of achieving “formal and decent” dressing amongst students by prohibiting wearing of hijab, nakab, burkha, etc. was absurd, irrational, and thus the Impugned Instruction was manifestly arbitrary and suffered from Wednesbury unreasonableness," the plea said.As per the plea, the restriction by the university is also violative of Article 15 of the Constitution as it creates a hostile environment for female students, more particularly from the Muslim faith, as it added fetters to their access to secular education and deprives them of equal opportunity.Further, wearing of hijab, nakab or burqa does not disrupt the imparting of knowledge in the classroom or hamper discipline or accord them unfair advantages, it has been pointed out.It has also been stated that University Grants Commission (UGC) guidelines aim to increase access to higher education for Scheduled Castes, Scheduled Tribes, OBCs, Muslims and other communities, and that the National Education Policy promotes inclusivity..The plea has been drafted by advocate Hamza Lakdawala and filed through advocate Abiha Zaidi.