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2016 Supreme(Ker) 85

A.MUHAMED MUSTAQUE
AMNA BINT BASHEER – Appellant
Versus
CENTRAL BOARD OF SECONDARY EDUCATION (CBSE), SHIKSHA SADAN – Respondent


Advocates Appeared:
For the Petitioner: SRI. M.P. SHAMEEM AHAMED, SRI. CYRIAC TOM, SRI. S.K. SAJU.
For the Respondent: SRI. SUVIN R. MENON, CGC, SRI. K.M. ANEESH, SRI. N. NAGARESH, ASSISTANT SOLICITOR GENERAL.

JUDGMENT :

The prescription of dress code for All India Pre-Medical Entrance Test-2016 is questioned in this writ petition. The first petitioner is a candidate appearing for the entrance test. The 2nd petitioner is the father of the first petitioner.

2. The parties profess Islam by faith. They challenge the prescription of the dress code on the ground of violation of fundamental right as guaranteed under Article 25(1) of the Constitution.

3. The Central Board of Secondary Education (Board) has been entrusted with the task of the conduct of Pre-Medical Entrance Test. In the wake of large-scale malpractices in the entrance test during the previous years, the Board decided to prescribe the dress code. It has been noted that various methods have been adopted by the candidates for copying. It appears that there were instances of taking electronic gadgets underneath the dress. These ingenious practices adopted by the candidates even resulted in cancellation of the examination earlier conducted, by the orders of the Hon'ble Supreme Court. Therefore, in order to ensure credibility and transparency in the examination, the Board prescribed the following dress code.

"Dress Code

The candidates are




















































































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