The Kerala government told the High Court that stopping a Muslim girl from wearing her hijab at school amounts to an “invasion” of her privacy and dignity, and also a “denial of her right to secular education.”
CJI B.R. Gavai said, “Petitioner may seek remedy before HC under Article 226,” while refusing to entertain a plea on attempts to destroy the minority character of Sam Higginbottom University. The Court added, “Petition under Art. 32 not maintainable here.”
In a landmark ruling, the Supreme Court of India, led by Chief Justice DY Chandrachud, overturned the 1967 Azeez Basha decision, affirming that statutory incorporation does not negate an institution’s minority status. The Court emphasized the founders’ identity and intent, stating that AMU’s status requires examination of its establishment by minority community members.
