MUMBAI: In a setback to a homeopathy student , who was barred from attending college because she wears the hijab (headscarf), Bombay high court on Friday declined her plea to appear in the repeater exams starting June 6. Fakeha Badami (19) had moved the court after she did not meet the requisite attendance criteria to appear for the repeater exams of the first year of the bachelor of homeopathy medicine and surgery course.A vacation bench of Justices Shahrukh Kathawalla and Ajay Gadkari recorded the statement of the chairman and principal of Sai Homeopathic Medical College, Bhiwandi, that she can appear for the repeater exams in the winter session if she attends lectures as required under the University rules.Badami had. enrolled in the bachelor of homeopathy medicine and surgery course in 2016. Her petition said the college, affiliated to the Maharashtra University of Health Sciences (MUHS), didn’t allow her to attend lectures because she wears the hijab. By the time Fakeha approached the high court the first time, in November 2017, the college exams were over. On March 12, 2018 the college denied it was not allowing her to attend lectures. It told the HC it will accommodate her in repeater lectures (which have begun). The college was directed to approach MUHS for Fakeha and seek its advice on rules and regulations.Fakeha was allowed to attend lectures on March 19 only upon producing a copy of the HC’s order. On March 28, the college wrote to MUHS asking if Fakeha should be allowed to appear for the repeater exams in view of her attendance of “only six days”. MUHS replied on April 11, saying she “does not meet the mandatory attendance criteria”. This prompted her to approach the HC again.The college's advocate Sahil Salvi says she has not met the requirement of 75 percent attendance in a total academic year. Fakeha's advocate Sariputta Sarnath pointed out that she was not allowed to appear for the lectures. Justice Kathawalla questioned how she could be allowed to appear for lectures with poor attendance. To the court's query, Salvi said repeater classes will continue to be held up to November.The judges then took an undertaking from the college that it will allow Fakeha to appear for the winter exam if she attends the lecture. The judges also recorded that "the petitioner has also accepted the undertaking" and has agreed that no reasonable order is required to be passed.

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