Hegde : But at least in south India, there is a regression. Colleges have uniform.
J Gupta(in lighter vein) : May be they did not want indiscipline after students like you
Hegde(laughs) : I admit I was a bad student.
J Gupta : I had option to go to college for PUC, but I opted for college, because I wanted freedom from uniform.
Justice Dhulia : But such power can be read into his provisions.
Justice Gupta : In colleges, we never opted for uniform, because we wanted to freedom from uniform as worn in school.
Justice Gupta : Are you challenging Rule 11(which talks about uniforms)?
Hegde : It is only relating to primary education and not PUCs.
Justice Gupta : We get your argument, that power to prescribe uniform is not given and also if you are wearing over dress, it won't be violation of uniform.
Hegde : Can another layer be permitted? Sometimes we wear raincoats in...
Justice Gupta : You wear raincoats in rain to protect you from rain, not for any other purpose.
Justice Gupta : Govt order can also insist uniform must be uniform?
Hegde : But can the uniform be worn in accordance with my dignity. For eg, if uniform prescribes skirt, can one say ankle length is better, as per her sense of modesty or dignity.
Hegde : ..which comes after Act and rules in the legislative hierarchy, cannot set out new disabilities.
Justice Gupta : What is your argument?
Hegde : The argument, when the legislature did not make any specific provision for uniform in the Act, then the rules which are made for primary education prescribes the manner in which uniform can be changed, then by a mere govt order..
Justice Dhulia : Why are you referring to Section 39? It deals with withdrawal of recognition.
Hegde : It says recognition can be withdrawn on grounds to religious discrimination. So the purpose of the Act is to prohibit denial of education on religious discrimination