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Central Board Of Secondary Education v. Amnah Bint Basheer
Factual and Procedural Background
The Central Board of Secondary Education (CBSE) prescribed a dress code and barred certain items for candidates appearing in the All India Pre-Medical Entrance Test (AIPMT) 2016. Respondents 2 and 3, petitioners in the writ petition, challenged the dress code on the ground that it violated their fundamental right under Article 25(1) of the Constitution of India, which protects religious freedom. The writ petition was heard by a learned single Judge who directed the CBSE to permit candidates who, based on religious practice, wished to wear a head scarf and full-sleeved dress to appear for the examination. The CBSE filed an appeal against this judgment.
Legal Issues Presented
- Whether the CBSE's prescribed dress code for AIPMT 2016 violated the fundamental right guaranteed under Article 25(1) of the Constitution of India.
- Whether candidates wearing customary or religious dresses should be permitted to appear for the examination subject to certain conditions.
Arguments of the Parties
Respondents' Arguments
- The prescribed dress code violated their fundamental right under Article 25(1) by restricting religious attire such as head scarves and full-sleeved dresses.
CBSE's Position
- CBSE initially prescribed a strict dress code and barred various items for security and fairness in examination conduct.
- Subsequently issued a notification permitting candidates in customary/religious dresses to appear for the examination, subject to reporting early for thorough frisking.
Table of Precedents Cited
No precedents were cited in the provided opinion.
Court's Reasoning and Analysis
The court recognized the fundamental right under Article 25(1) protecting religious practices, including dress. While acknowledging practical difficulties in enforcing such accommodations during examinations, the court emphasized that practical difficulty cannot be an excuse to override fundamental rights. The court relied on prior safeguards provided in a previous case (W.P(C) No. 21696/2015) and applied similar measures for the current year. The court held that the dress code should not be enforced against candidates protected by Article 25(1). The CBSE's subsequent notification permitting customary/religious dress subject to early reporting for frisking was noted, and no interference with the single Judge's order was warranted.
Holding and Implications
The court dismissed the writ appeal filed by the CBSE and upheld the direction permitting candidates to wear customary/religious dresses while appearing for the AIPMT 2016 examination, subject to the condition that such candidates report early for proper frisking.
The direct effect of this decision is that candidates protected under Article 25(1) may wear religious attire without being barred from examination, balancing fundamental rights with examination security. The court directed the CBSE to widely publicize the notification to ensure awareness. No new legal precedent was established beyond the application of existing constitutional protections.
P.N Ravindran, J.:— The Central Board of Secondary Education (hereinafter referred to as “the CBSE” for short) has filed this appeal canvassing the correctness of the judgment delivered by a learned single Judge of this court on 26.4.2016 in W.P(C) No. 6813 of 2016. Respondents 2 and 3 are the petitioners therein. They had in the writ petition challenged the prescription of a dress code for All India Pre-Medical Entrance Test, 2016 on the ground that it violates the fundamental right guaranteed to them under Article 25(1) of the Constitution of India. The CBSE had inter alia prescribed that the candidates are not allowed to carry the following items and also prescribed the dress code. The relevant instructions in that regard are extracted below:
“1. BARRED ITEMS
The candidates are not allowed to carry the following items inside the examination centre under any circumstances. The candidates will be subjected to extensive and compulsory frisking before entering the examination centre with the help of highly sensitive metal detectors.
(a) Any stationery item like textual material (printed or written), bits of papers, Geometry/Pencil box, Plastic Pouch, Calculator, Pen, Scale, Writing Pad, Pen Drives, Eraser, Calculator, Log Table, Electronic Pen/Scanner etc.
(b) Any communication device like Mobile Phone, Bluetooth, Earphones, Microphone, Pager, Health Band etc.
(c) Other items like Wallet, Goggles, Handbags, Hair Pin, Hair Band, Charm/Tabeez, Belt, Cap, Scarf etc.
(d) Any ornament like Ring, Bracelet, Earrings, Nose-pin, Chain/Necklace, Pendants, Badge, Brooch etc.
(e) Any Watch/Wrist Watch, Camera, etc.
(f) Any metallic item.
(g) Any eatable item opened or packed, water bottle etc.
(h) Any other item which could be used for unfair means, for hiding communication devices like camera, Bluetooth device etc.
No arrangement will be made at the centres for keeping any articles/items belonging to the candidates. In case any candidate is found in possession of any of the barred items inside the centre, it will be considered as use of unfair means and action will be taken against the candidate in accordance with the relevant provisions.
2. Dress Code.
The candidates are instructed to follow the following dress code while appearing for AIPMT-2016:
(a) Light clothes with half sleeves not having big buttons, brooch/badge, flower etc. with Salwar/Trouser.
(b) Slippers and not the shoes.”
2. The learned single Judge, after considering the contentions raised in the writ petition, directed the CBSE to permit all candidates who, based on the religious practice, want to wear head scarf and full sleeved length dress, to appear for the examination. The operative portion of the judgment of the learned single Judge is extracted below:
“36. However, the practical difficulty in implementing the direction of this Court has to be considered. This Court taking note of the practical difficulty of the Board for the conduct of the examination during the last year, in W.P(C) No. 21696/2015 had provided sufficient safeguards. This Court is of the view that the same can be followed for this year as well, and the Board can take necessary steps for the next year onwards, while inviting applications itself, to protect such rights. It is to be noted practical difficulty cannot be an excuse to honor the fundamental rights. Therefore, this Court is of the view that for this year the Board shall permit all candidates, who based on the religious practice want to wear head scarf and full sleeved length dress, to appear for the exams.
37. This Court need not interfere with the dress code prescription as referred in the Board's prospectus as others are bound by such prescription except to hold that the dress code as above shall not be enforced against the candidates, who by virtue of Article 25(1) are protected from wearing such dress as prescribed in the injunctions of their faith. The writ petition is allowed and disposed of by granting relief as ordered in W.P(C) No. 21696/2015 to all who fall within the same class as protected under Article 25 (1). It is made clear that all such candidates will have to report at the Centre at least half an hour before the schedule time.”
3. The CBSE has, aggrieved thereby, filed this appeal.
4. When the writ appeal came up for consideration today, learned counsel appearing for the CBSE submitted that a subsequent notification dated 26.4.2016 has been issued permitting the candidates coming in customary/religious dresses to appear for the examination subject to the rider that they should report at the centre latest by 8.30 am for proper frisking. Learned counsel handed over to us a copy of the notification and its contents are extracted below:
“The AIPMT is being conducted by the CBSE as per the directives of Hon'ble Supreme Court of India. to ensure the fair conduct of AIPMT examination, following items are not allowed inside the examination centres:-
(a) Any stationery item like textual material (printed or written), bits of papers, Geometry/Pencil box, Plastic Pouch, Calculator, Pen, Scale, Writing Pad, Pen Drives, Eraser, Calculator, Log Table, Electronic Pen/Scanner etc.
(b) Any communication device like Mobile Phone, Bluetooth, Earphones, Microphone, Pager, Health Band etc.
(c) Other items like Wallet, Goggles, Handbags, Hair-PIN, Hair-Band, Belt, Cap, Scarf etc.
(d) Any ornaments like Ring, Earrings, Nose-pin, Chain/Necklace, Pendants, Badge, Brooch etc. should be carefully checked.
(e) Any Watch/Wrist Watch, Camera, etc.
(f) Any metallic item.
(g) Any eatable item opened or packed, water bottle etc.
(h) Any other item which could be used for unfairmeans, for hiding communication devices like camera, blue tooth device etc.
Following dress code has been advised to the candidates appearing in AIPMT examination:-
(a) Candidates are wearing light clothes which cannot be used for hiding any instruments or communication devices.
(b) Candidates have been advised to wear half sleeves but not having big buttons or any badge, brooches, etc. which could be used to hide the communication device, blue tooth, camera, etc.
(c) Candidates are wearing slippers, sandals and not the shoes.
However, candidates coming in customary/religious dresses should report at the centre latest by 8.30 am for proper frisking. Candidates are directed not to bring items which are not allowed at centres, as no place for safe keeping will be made available at the centres.”
5. A copy of the notification was also made available to the learned counsel appearing for the writ petitioners and the learned Assistant Solicitor General of India appearing for the Union of India. It is evident from the notification dated 26.4.2016 that the candidates coming in customary/religious dresses are permitted to appear subject to rider that they should report at the centre latest by 8.30 am for proper frisking. Learned counsel appearing for the writ petitioners submitted that the petitioners have no objection in reporting at the centre as stipulated in the notification.
6. Such being the situation, we are of the opinion that no interference is called for with the impugned judgment. The writ appeal is accordingly closed with a direction to the CBSE to give wide publicity to the notification dated 26.4.2016 referred to above through the print and electronic media and by posting it on its website. A copy of the notification shall be appended to this judgment and the copy handed over to us shall be incorporated in the records.
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