New Delhi, July 24: The Supreme Court today ruled that candidates cannot insist on wearing the hijab (headscarf) to examination halls.
A three-judge bench of Chief Justice H.L. Dattu and Justices Arun Misra and Amitav Roy was hearing a PIL on the individual's right to practise or profess one's religion.
Rejecting the petitions filed by the Students' Islamic Organisation of India and twogirls from Kerala who are sitting for the All India Pre-Medical Examination tomorrow, the court said: "If you appear in an examination without a scarf, your faith will not disappear."
The petitioners had appealed against Tuesday's Kerala High Court order permitting the girls to wear the hijab on the condition that they would come to the examination hall 30 minutes early and, if necessary, subject themselves to frisking by women invigilators.
The Supreme Court accepted an eventual request by the petitioners' counsel to withdraw the petition.
The apex court left the high court order untouched, which means the girls will be able to wear the hijab to the AIPMT exam hall if they agree to abide by the conditions.
The Central Board of Secondary Education (CBSE) had tightened rules for the AIPMT after large-scale cheating - some students hid mobile phones and SIM cards in specially designed undergarments - led to cancellation of the exam last month. A CBSE advisory for the retest tomorrow bars headscarves, full-sleeve shirts and burqa.
The petitioners had said the dress code violates the right to practise religion.
The wearing of headscarves, although less controversial than face-covering veils, is an issue across most of Europe and America.
Justice Dattu, heading the bench, told senior counsel Sanjay Hegde appearing for the petitioners that faith was different from insisting on wearing a particular type of cloth to an examination hall.
Describing the plea as "nothing but an ego", the court said candidates can wear the headscarf after the examination was over.
When Hegde insisted that the CBSE had erred in enforcing such a rule, Justice Dattu said: "Examiners cannot conduct inquiry into everyone's faith. They have to do it (AIPMT) appropriately this time."
Holy packaging
In another PIL, filed by one Sameer Singh Thakur, the bench rejected the plea of the petitioner that commercial exploitation of gods and goddesses should be banned.
"How can we do it? He (businessman) will say Lakshmi is the name of my daughter. It is a god's name. I want to put the name on the nameplate, card or packing. What is wrong in it?" the court said.
"He is a businessman and will say, 'my daughter's name is Lakshmi'. His son's name is Balaji (Tirupati). 'I want to worship Balaji'. You (petitioner) can't say, 'don't put Balaji's photograph'," the court added.
