SG : At the time of admission, petitioners undertook to comply with all the rules of PUC. Kindly pause here, so far uniform was being scrupulously followed. Nobody was insisting for wearing hijab or saffron shawls.
SG - 2014, circular constituting CDC was issued..CDCs of other PUCs unanimously resolved to have the same uniform as prescribed for previous years..
SG gives the dates - On 29.03.2013, Udupi PUC passed a resolution to prescribe uniform for girls. Students were wearing prescribed uniforms, which did not include hijab.
SG : Saffron shawls are also prohibited. There was one more dimension. I am not exaggerating, if the Govt would not have acted the way it did, the Govt would have been guilty of dereliction of constitutional duty.
SG : Kindly bear two facts in mind, till the year 2021, no girl student was wearing any hijab. Nor this question ever arose. Two, it would be doing disservice to contend that the impugned notification prohibits only hijab. Other community started coming with saffron shawls
Justice Gupta : Mr Dave has referred to circular of 2014 which says prescription of uniform is illegal,
SG : High Court has found the document to be unsubstantiated.
SG : The order is question was required for more than one justifiable reasons. Two, this is not an order which prevents particular community students from wearing an apparel.
Justice Gupta : Mr.Dave has argued it differently, he says any religious practice is protected not just essential and Shirur Mutt does not say essential religious practice.
SG : There are other judgments too..law is laid down on how to establish religious practice
SG : The first argument is circular is illegal...second is it is an essential religious practice.. third is it is an expression protected by Article 19...fourth is matter must got to larger bench.
State begins arguments.
Solicitor General Tushar Mehta says for State only he and ASG Nataraj will argue and their side will finish today.