Hijab Ban : No Religious Dress In Colleges During Pendency Of Case, Says Karnataka High Court| LIVE UPDATES [Day 3]

Advocate General : State has passed an order that all educational institutions shall decide their uniforms and pursuant to that colleges have decided.

Advocate General says that there are subsequent developments: After these petitioners, some students have started coming wearing saffron shawls. There was a lot of commotion and subsequent to it the state declared that colleges be closed for three days.

Kamat : Would your lordships hear us on the interim arrangement? The urgency is this, the students are outside the college. Exams are to be held in March. 

Kamat requests that he be heard first on the issue of GO.

CJ: Mr Hegde has started, let him complete and we are not in a hurry and we will hear you all.

Kamat says that after the filing of Hegde's petition, the State has issued a Govt Order, which has not been challenged in that petition. He says the challenge to the GO may have to be heard first, as there are consequences flowing from the GO.

Hegde says he has prepared a written submission on the principles of administrative law, leaving out the constitutional issues.

Hegde : Because there is no provision for uniform, there is no question of any penalty for want of uniform or for an infraction of a uniform.

Hegde : Under the Karnataka Education Act, Penalties prescribed are largely for college management. They are largely in the nature of fines.

Hegde : There is no provisions, there is no penalty in case the uniform is not worn or improperly worn, there is no prescribed penalty. Even if a penalty is prescribed, your lordsips will see if the absolute expulsion of keeping children away is disproportionate.

Hegde: Refers to 11. Provision of Uniform,Books etc. "These according to me were the rules intended for schools", Hegde.

CJ : So this provision of Rule 11 is not applicable to Pre-University.

Hegde : Right. And Pre-University, it is 2006 Rules. No provision for Uniform.