Supreme Court Partly Stays Mumbai College Ban on Hijab, Cap and Badge
Nine students challenged a Mumbai college dress code that prohibited clothing or articles said to reveal a student's religion. The Bombay High Court dismissed their challenge on 26 June 2024, but the Supreme Court subsequently partly stayed the dress-code clause insofar as it prohibited the wearing of a Hijab, Cap or Badge. That interim protection was expressly continued by the Supreme Court on 7 January 2025.
What the students challenged
The petition was filed by nine undergraduate students of N.G. Acharya & D.K. Marathe College in Mumbai. They challenged instructions requiring students to follow a formal and decent dress code that should not reveal religion.
Clause 2 of the college instructions referred to a prohibition on items including Burqa, Naqab, Hijab, Cap, Badge and Stole. The students contended that the restriction was arbitrary and discriminatory and affected their rights under Articles 19(1)(a), 21 and 25 of the Constitution.
They also argued that wearing Hijab or Naqab formed part of their religious belief, personal choice, privacy and expression, and that the college lacked lawful authority to impose the restriction in the manner challenged.
Bombay High Court judgment dated 26 June 2024
A Division Bench of Justice A.S. Chandurkar and Justice Rajesh S. Patil dismissed the writ petition. The High Court treated the dress code as an institutional measure intended to maintain discipline and uniformity and to avoid disclosure of religion through attire.
The High Court held that the instructions did not violate Articles 19(1)(a) and 25 of the Constitution. It also found that the petitioners had not placed sufficient material to establish that wearing Hijab or Naqab was an essential religious practice.
Supreme Court partly stayed the ban on 9 August 2024
On 9 August 2024, a Supreme Court Bench comprising Justice Sanjiv Khanna and Justice Sanjay Kumar issued notice in the students' challenge to the Bombay High Court judgment.
The Supreme Court partly stayed Clause 2 of the impugned college circular to the extent that it directed that no Hijab, Cap or Badge could be worn. The Court stated that the interim protection should not be misused and permitted the respondents to seek vacation of the order in the event of misuse.
The practical effect of the Supreme Court's interim order was that the college could not enforce the specific prohibition on Hijab, Cap and Badge while that interim protection remained in force.
Supreme Court continued interim protection in January 2025
On 7 January 2025, the Supreme Court directed that the matter be tagged with Aishat Shifa v. State of Karnataka, Civil Appeal No. 7095 of 2022, arising from the Karnataka hijab litigation.
The Supreme Court also directed the parties to complete pleadings and expressly ordered that the interim order would continue until the next date of hearing.
Constitutional issues involved
- Article 14: equality before law and equal protection of laws.
- Article 19(1)(a): freedom of speech and expression, which was invoked in relation to choice of dress and expression.
- Article 21: protection of life and personal liberty, including arguments based on dignity, privacy and personal choice.
- Article 25: freedom of conscience and the right freely to profess, practise and propagate religion, subject to constitutional limitations.
- Institutional autonomy: the college relied on its authority to administer the educational institution and maintain discipline through a generally applicable dress code.
How the competing arguments were framed
The students argued that restrictions on Hijab and Naqab interfered with religious freedom, choice, expression and privacy. They also contended that the dress code was not supported by sufficient legal authority and was inconsistent with principles of inclusiveness.
The college, on the other hand, argued that the rule applied across religions and was intended to promote discipline and prevent outward disclosure of religious identity through dress within the campus.
The Bombay High Court accepted the college's justification, while the Supreme Court's later interim order narrowed the immediate enforceability of the restriction by staying the prohibition on Hijab, Cap and Badge.
Connection with the Karnataka hijab litigation
The Supreme Court's January 2025 order is significant because it formally tagged this case with Aishat Shifa v. State of Karnataka. The Karnataka litigation arose from restrictions on Hijab in educational institutions and had produced a split verdict in the Supreme Court in October 2022.
The tagging means the broader constitutional questions concerning religious attire in educational institutions may be considered alongside the Karnataka matter when the Supreme Court takes up the cases.
Case timeline
| May 2024 | The Mumbai college issued dress-code instructions for the 2024-25 academic year. |
|---|---|
| June 2024 | Nine students approached the Bombay High Court challenging the restrictions. |
| 26 June 2024 | Bombay High Court dismissed WPL No. 17737/2024. |
| 9 August 2024 | Supreme Court partly stayed Clause 2 insofar as it prohibited Hijab, Cap or Badge. |
| 7 January 2025 | Supreme Court tagged the matter with Aishat Shifa v. State of Karnataka and continued the interim order. |
Present takeaway
The original June 2024 position-when the students had merely filed their Bombay High Court petition-s no longer current. The Bombay High Court later upheld the dress code, but the Supreme Court partly suspended its operation in relation to Hijab, Cap and Badge and continued that interim protection in January 2025.
This page reflects the Bombay High Court judgment dated 26 June 2024 and the Supreme Court orders dated 9 August 2024 and 7 January 2025, as verified from official judicial sources and updated on 5 September 2026.