Hijab Ban- Karnataka High Court Full Bench Hearing (Day 10)- LIVE UPDATES

Kamat : We don't have to go to Westminster. Please have a look at Section 143 of the Education Act. CDC is constituted by a 2014 circular. I am not challenging the circular. I am challenging the vesting of executive functions on this CDC, which are for the authorities under Act.

Kamat : Public order ground has been virtually given up. Now we come to the point whether the College Development Committee, which I call the MLA committee, has jurisdiction to prescribe this. Your lordships put searching questions to both sides.

Kamat cites a judgment.

Justice Dixit gives the citation.

Kamat : I am amazed at your lordships memory. At my age, I can't remember.

Kamat: In the affidavit the state say they are doing it on the ground of Public Order. There is a version of public order in the GO, given up by the AG in the arguments. A definition of Public order against the constitution is put. Is this the way a GO is framed?

Kamat : Now we come to the operative part..g has said last three lines of the operative part of GO was not required. So it has been given up. We have a public order ground in the GO, given up by the AG during the arguments.

Kamat : Third reason why this penultimate part has to go, apart from concessions and doctrine of dictation, is that there is no material. If the judgements are irrelevant, then what is the material to come to understand that hijab is not permissible.

Justice Dixit : Acting under dictation..the principle in administrative law.

Kamat : Citing judgments on this point, I know is showing lamb to the shining sun.

Kamat: Second, even if lordships were to discard the concession made by AG. This portion of the GO also has to go because it offends the doctrine of dictation in administrative law. AG says operative portion is innocuous but master is saying hijab is not essential.

Kamat : This understanding of state in the GO was totally flawed. Firstly, none of those judgments cited are applicable. AG kept on saying till the end that he will explain those judgements, but they were not explained. According to me this part of the GO has to go.

Kamat : Learned AG in all fairness on first day of opening has clearly said that this is not the purport of the order. He has said that it could be result of over enthusiasm and he has said it may be not required.