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A. S. CHANDURKAR, RAJESH S. PATIL
Zainab Abdul Qayyum Choudhary – Appellant
Versus
Chembur Trombay Education Society’s – Respondent
JUDGMENT
A.S. Chandurkar, J.—Nine Students pursuing their second and third year education for undergraduate courses at the College run by the first respondent – Chembur Trombay Education Society have raised a challenge to the Instructions issued to students requiring them to follow the prescribed dress code. In addition, a notice-cum-whatsapp message dated 01/05/2024 issuing instructions in the matter of following the dress code is also under challenge. The petitioners allege that the prescription of dress code as a result of which they are restrained from donning a Hijab or Nakab is arbitrary and discriminatory. It affects their fundamental rights guaranteed especially under Article 19(1)(a) and Article 25 of the Constitution of India.
2. According to the petitioners, prescription of dress code for the first time after they took admission at the College couple of years ago is against the spirit of the University Grants Commission (Promotion of Equity in Higher Educational Institutions) Regulations, 2012, the Rahistriya Uchhastar Shiksha Abhiyan – RUSA as well as the National Education Policy, 2020. While seeking admission to the second and third year undergraduate course for the Ac
(1) Prescription of dress code for college – Regulation of such a dress code has to be treated as an exercise towards maintaining discipline at Institution – This right flows from recognized fundamen....
The court established that educational institutions have the right to impose dress codes as part of their administrative authority, provided such codes do not discriminate against any particular reli....
Hijab restrictions – Right to wear hijab in School – Denial of education - Wearing a hijab should be simply a matter of Choice - It may or may not be a matter of essential religious practice, but it ....
The right to wear hijab as a part of essential religious practice and the need to balance it with reasonable restrictions as provided by the Constitution of India.
The Madarsa Act, 2004 violates the secular principles of the Constitution and the right to quality education, rendering it unconstitutional.
Point of Law : Law could not be deemed to be unreasonable unless it was totally destructive or annihilative of the right under Art.30(1).
Notification for starting a new education institution - Permission for starting new colleges can be granted only to co-operative institutions, which have sufficient financial background and prior exp....
The right of minority educational institutions to administer admissions under Article 30(1) is subject to reasonable regulations by the State to maintain educational standards.
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