Hijab Case: Feb 5 Govt Order Not Applicable To Minority Unaided Educational Institutions, Karnataka AG Tells HC

A full bench while disposing of a petition filed by the Karnataka State Minorities Educational Institutions Managements Federation, recorded the submission of the Advocate General. In its order the court noted, "AG has made a statement across the bar that the government is not interfering in any manner in minority unaided institutions. In view of the above, we are of the considered view that nothing is required to be adjudicated in this writ petition. Accordingly the petition is disposed of."

Advocate G R Mohan had appeared for the petitioners and submitted that the Supreme Court has upheld the rights guaranteed under Article 30 (1) of the Constitution of India granted to Minority Institutions. The plea claimed that the government order dated February 5, was contrary to the decisions of the High Court and the Apex Court as far as the Aided and Unaided Minority Educational Institutions are concerned and also violative of Article 29 and 30 of the Constitution of India.

The plea had prayed for by way of interim order to stay the operation of the Notification dated 05-02-2022, in terms of the Section 133 (2) of Karnataka Education Act,1983 as the same cannot be enforced on Minority Educational Institutions of unaided including State Board Syllabus, ICSE and CBSE and other syllabus is concerned.

Recently a circular was issued by the State Minority Welfare, Hajj and Waqf Department, stating that students studying in schools managed by the minority welfare department including the Maulana Azad Model English Medium schools in the state should not wear saffron scarves, hijab or any religious flags.

The circular had relied on the interim order passed by the High Court dated February 10, by which it had restrained all the students regardless of their religion or faith from wearing saffron shawls, scarves, hijab, religious flags or the like within the classroom, until further orders.