Nine students from NG Acharya and DK Marathe College of Art, Science, and Commerce, who are in their second and third years of the B.Sc and B.Sc (Computer Science) programs, had challenged a new dress code, claiming it violates their fundamental rights to privacy, dignity, and religious freedom. These female students have been wearing the niqab and hijab for several years, both inside and outside the college.

The college recently issued an undated notice titled “Instruction for Student” on its website and through a WhatsApp message, mandating a dress code that prohibits the wearing of burkhas, niqabs, hijabs, caps, badges, and stoles. The students argue that these instructions are illegal, arbitrary, and unreasonable, lacking any statutory authority, and infringing on their rights guaranteed under Articles 14, 19, 21, 25, 26, and 29 of the Constitution of India.
The respondent, in response, asserted that the dress code applies to all students, not specifically to Muslims, and challenged the students to prove that wearing the hijab is an essential religious practice in Islam.
While dismissing the petition the court observed “The object behind prescribing the dress code is evident from the Instructions since they state that the intention is that a student’s religion ought not to be revealed. It is in larger academic interest of the students as well as for the administration and discipline of the College that this object is achieved. This is for the reason that students are expected to attend the educational institution to receive appropriate instructions for advancement of their academic careers. The insistence for following the dress code is within the college premises and the petitioners’ freedom of choice and expression is not otherwise affected.”

Case no. – WP(L)/17737/2024 [Original]
Case Title – Zainab Abdul Qayyum Choudhary & Ors. v. Chembur Trombay Education Society’s NG Acharya and DK Marathe College and Ors.