Kar AG : The High Court judgment says the relationship between school and students is quasi-parental.
Kar AG : Right to privacy is a developing jurisprudence. Puttaswamy judgment says privacy right can't be exercised in all zones
Kar AG : They have not established it as freedom of expression under 19(1)(a). Bacchan Singh's judgment dominant objective test will apply.
Kar AG : Two, it is a case of school versus students. Not Govt vs Students. They have not established it is an essential right.
Kar AG : To summarize, one, action of State in issuing the circular must be viewed from the language used in it. All it says is follow Rule 11. So it cannot be impugned on other grounds. In the absence of challenge of Rule 11, the school code will prevail.
Kar AG quotes from Puttaswamy - right to privacy can be limited on grounds of compelling public interest.
"This right to wear hijab in defiance of school rules, whether it is a fundamental right, it needs to be examined, not on the basis of a general statement"
Kar AG from Puttaswamy - fundamental right to privacy has limitations...varies from cases to case...
"This is what I want to say, there canot be a general right to wear dress. It varies from case to case".
Kar AG : Your fundamental right is circumsribed by regulations..I will show another paragraph..from Justice Chelameswar...
Justice Dhulia : You are drawing a parallel between building regulations...
Kar AG quotes from Puttaswamy - the right to privacy of individuals is conditioned by regulations...subject to rights of others to lead an orderly life...
Kar AG : Possibly, this para answers Sibal's queries.
Justice Dhulai : It does not.