Hegde : Even under the Rules, Rule 11, uniform prescribed must be in consonance with the mandate of Section 39(c).
Hegde : Govt order cannot be issued under a rule making power and it goes against substantive provisions of Section 7 and 39(b) and (c) of the Act.
Hegde : The Govt Order says you can't wear a uniform showing your religion. It creates a substantial disadvantage to Muslim women.
Hegde : The govt prescribe curricula cannot include power to prescribe uniform.
Justice Dhulia : Strictly speaking curriculum won't include uniform.
Hegde : And any uniform prescribed can't be changed for 5 years.
Hegde : If you have to change the uniform, you have to give at least one year notice?
Justice Gupta : So if you have to change from salwar kameez to trousers, then you have to give notice?
Hegde : Yes, because schools used to make money.
Hegde refers to a rule which says that educational institution may prescribe notice.
Also refers to a rule which says uniform must be informed to parents at least one year in advance.
Hegde : These rules are largely relating to school education and these events have taken place at Pre University Colleges at 10+2 stage.
Hegde refers to rule making power and says dress is not among the category of subjects on which govt can make rules.
Hegde refers to Section 133 of the Act. Powers of State to give direction are subject to other provisions of the Act and the rule making power