Chief Justice of India (CJI) Dhananjaya Y Chandrachud said "he will consider setting up a three-judge bench to take up the matter in view of a split verdict by two judges of the previous bench in October 2022."
A group of girl students from Karnataka have approached the Supreme Court urging a directive to allow government institutions in the state to permit them to sit in the examination wearing hijab. Chief Justice of India (CJI) Dhananjaya Y Chandrachud said "he will consider setting up a three-judge bench to take up the matter in view of a split verdict by two judges of the previous bench in October 2022."
“I will examine the matter and allot a date. This is a three-judge bench matter. You submit a note to the registrar,” the CJI told senior advocate Meenakshi Arora who appeared on behalf of the students.
The Senior Advocate also pointed out that most of the girl students have shifted to some private colleges in view of the continuing prohibition by the state government on wearing of hijab in educational institutions in Karnataka. “However, exams can only be conducted in government colleges...private colleges cannot conduct exams. That’s why we want this matter to be taken up for interim orders,” Arora, assisted by advocate Shadan Farasat, told the CJI.
She also requested the court to take up the matter on priority basis as the examinations are schedule to begin from February 6. At this, the CJI said "a three-judge bench will have to be allotted the matter and that he would consider passing suitable orders on the administrative side for listing of the case."
In October 2022, the Apex Court had delivered a split verdict on the ban on wearing hijab in educational institutions in Karnataka – one judge affirmed that the state government is authorised to enforce uniform in schools, while the other called the hijab a matter of choice that cannot be stifled by the state.
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