A petition has been submitted to the Supreme Court contesting the Bombay High Court's decision to uphold a Chembur college's prohibition on students wearing burqas, hijabs, or niqabs on campus.

A Bench comprising Chief Justice of India (CJI) DY Chandrachud and Justices JB Pardiwala and Manoj Misra has consented to schedule and hear the case.

Nine students from NG Acharya and DK Marathe College in Chembur had approached the Bombay High Court in response to a notice from the college mandating a new dress code starting in the upcoming academic year, beginning in June.

“You shall follow the dress code of college of formal and decent dress which shall not reveal anyone’s religion such as no burqa, no nakab, no hijab, no cap, no badge, no stole etc. Only full of half shirt and normal trousers for boys and any Indian/ western non-revealing dress for girls on the college campus. Changing room available for girls,” the notice stated.

The High Court, however, rejected the plea. Justices AS Chandurkar and Rajesh Patil noted that the directive was intended to prevent the disclosure of a student's religion, thereby allowing them to concentrate solely on their education.

"The object behind issuing the same is that the dress of a student should not reveal his/her religion which is a step towards ensuring that the students focus on gaining knowledge and education which is in their larger interest," the Court had said while upholding the notice.

Dissatisfied with the High Court's decision, the students have now escalated the matter to the Supreme Court. In their appeal, they argue that the college, which is affiliated with Mumbai University and supported by the State of Maharashtra, lacks the legal authority to impose such restrictions.

"The proposition of achieving “formal and decent” dressing amongst students by prohibiting wearing of hijab, nakab, burkha, etc. was absurd, irrational, and thus the Impugned Instruction was manifestly arbitrary and suffered from Wednesbury unreasonableness," the plea said.

According to the plea, the university's restriction is alleged to violate Article 15 of the Constitution, as it creates a hostile environment for female students, particularly those from the Muslim community. The restriction is claimed to hinder their access to secular education and undermine equal opportunity.

The plea argues that wearing hijabs, niqabs, or burqas does not interfere with classroom learning, disrupt discipline, or provide any unfair advantage. It also highlights that University Grants Commission (UGC) guidelines are designed to enhance access to higher education for Scheduled Castes, Scheduled Tribes, OBCs, Muslims, and other communities, and that the National Education Policy supports inclusivity.

The petition has been drafted by advocate Hamza Lakdawala and filed through advocate Abiha Zaidi.