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2017 DIGILAW 795 (KER)

FIDA FATHIMA v. UNION OF INDIA, REPRESENTED BY ITS SECRETARY, DEPARTMENT OF HUMAN RESOURCES

2017-05-24

P.B.SURESH KUMAR

body2017
JUDGMENT : P.B. SURESH KUMAR, J. 1. The grievance of the petitioners in these writ petitions concerns the restrictions imposed by the All India Institute of Medical Sciences (AIIMS) as to the dress code prescribed for the candidates intending to participate in the AIIMS MBBS Entrance Examination, 2017. Petitioners 1 and 2 in WP (C) No. 16664 of 2017 are organisations of the members of Muslim community and the third petitioner therein is a candidate belonging to Muslim community intending to participate in AIIMS MBBS Entrance Examination, 2017. Likewise, petitioners 3 to 5 in WP (C) No. 16465 of 2017 are organisations of the members of Muslim community and petitioners 1 and 2 therein are candidates belonging to Muslim community intending to participate in the said examination. The petitioners have no objection to the dress code prescribed for the examination except the restriction prescribed for using headgears/head scarfs as contained in the admit card issued to the candidates. The objectionable portion of the prohibited items, as contained in the admit card, reads thus: "All ornaments, necklace, bangles, rings, wrist bands, goggles, headgears, scarfs, jackets etc." According to the petitioners, the members of the Muslim community are entitled, by virtue of the provisions contained in Article 25(1) of the Constitution, to wear headgears/head scarfs as part of their religious faith and therefore, the restrictions as aforesaid is illegal. The petitioners, therefore, seek appropriate directions in this regard, in these writ petitions. 2. Heard the learned counsel for the petitioners as also the learned Assistant Solicitor General, for AIIMS. 3. Identical issue arose for consideration before this Court, in the context of All India Pre-Medical Entrance Test, 2016 conducted by the Central Board of Secondary Education (CBSE). Ext.P2 in W.P. (C) No. 16664 of 2017 is the judgment in the said case, the operative portion of which reads thus: "This Court need not interfere with the dress code prescription as referred in the Board's prospectus as others are bound by such prescription except to hold that the dress code as above shall not be enforced against the candidates, who by virtue of Article 25(1) are protected from wearing such dress as prescribed in the injunctions of their faith. The writ petition is allowed and disposed of by granting relief as ordered in W.P. (C) No. 21696/2015 to all who fall within the same class as protected under Article 25(1). The writ petition is allowed and disposed of by granting relief as ordered in W.P. (C) No. 21696/2015 to all who fall within the same class as protected under Article 25(1). It is made clear that all such candidates will have to report at the Centre at least half an hour before the schedule time." As revealed from the extracted portion of the aforesaid judgment, this Court held in the said case that dress code restrictions shall not be enforced against candidates who, by virtue of Article 25(1) of the Constitution, have the protection to wear such dress as prescribed by the injunctions of their faith. It was, however, made clear in the judgment that such candidates shall report at the Centre at least half an hour before the scheduled time. Further, the learned Assistant Solicitor General has made available the detailed instructions of the examination published by AIIMS. Clause 5 of the said instructions reads thus: "While AIIMS does not specify any particular dress it is expected that you would dress conventionally appropriate for the summer. Please note that hats, caps, scarfs and similar headgear as well as goggles, thick-soled footwear and large metallic buttons are prohibited. However if religion or customs require you to wear any particular headgear, please visit the centre early to allow adequate time for frisking." It is evident from the aforesaid instructions that AIIMS themselves have clarified that the dress code restrictions contained in the admit card issued to the candidates will not be enforced against candidates whose religion or custom requires wearing of a particular headgear. The only restriction imposed in the instructions as regards such candidates is that they should report at the examination centre sufficiently early to allow adequate time for frisking. 4. In the light of Ext.P2 judgment as also the instructions given by AIIMS, the writ petitions are disposed of directing that the dress code restrictions as regards use of headgears/head scarfs shall not be enforced against candidates who, by virtue of Article 25(1) of the Constitution, have the protection to wear such dress as part of their faith. It is, however, made clear that such candidates shall appear at the examination centres at least one hour before the commencement of the examination. Needless to say that the frisking of women candidates shall be made only by women invigilators.