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Kerala High Court DB dismisses CBSE's Appeal against Order permitting Hijab at AIPMT

S. Nikhil Sankar
29 April 2016 3:57 PM GMT
Kerala High Court DB dismisses CBSE
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A Division Bench  of the Kerala High Court has today dismissed the Writ Appeal filed by the Central Board Of Secondary Education (CBSE)challenging the Judgment of Single Judge permitting the Muslim female candidates to appear wearing Hijab for the All India Pre Medical Test(AIPMT 2016, ),2016 scheduled on 01/05/16.

LiveLaw had earlier reported the Judgment of  Justice Muhammad Mustaque in a petition filed by M.S Amnah Bint Basheer , a candidate for AIPMT -2016 which had allowed such candidates to appear for exam wearing customary religious dresses. The single Judge had observed that wearing of Hijab forms the part of their essential religious practice and hence ought to be permitted. The single bench had further directed such candidates to be present at the examination hall half an hour before the exam for frisking if necessary.

The CBSE  had subsequently by a notification dated 26/04/16 had allowed the AIPMT candidates to wear religious dresses by relaxing the dress code prescribed earlier. It required such candidates who were desirous to take part in the examination wearing such dress ,to arrive at the exam centre by 08:30 am for proper frisking.

The matter in the meanwhile was taken in appeal to the Division bench by the CBSE. The vacation  Division bench of Kerala High Court comprising of Justice P.N Ravindran and Justice Sunil Thomas  dismissed the appeal by CBSE holding that no reasonable ground was made out to interfere with the judgment  of the single judge.

The Court observed that CBSE had in principle accepted the ruling of the single bench , in its notification dated 26/04/16 which had permitted the candidates wearing such customary religious dress to appear in advance at 08:30 am at exam centre for frisking. The Court also directed the CBSE  to give wide publicity to the notification  so that candidates can report the centre on time.

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