Hijab row: Kerala HC upholds DDE order allowing Muslim student to wear headscarf in school
In the current writ, the school contends that the Kerala government has not enacted any law permitting religious attire in educational institutions and that such permissions could undermine the secular and inclusive character of schools.
In the current writ, the school contends that the Kerala government has not enacted any law permitting religious attire in educational institutions and that such permissions could undermine the secular and inclusive character of schools.
In the current writ, the school contends that the Kerala government has not enacted any law permitting religious attire in educational institutions and that such permissions could undermine the secular and inclusive character of schools.
Kochi: The Kerala High Court has directed the State Attorney to seek instructions regarding a directive issued by the Deputy Director of Education (DDE), Ernakulam, which asked St Rita’s Public School — a Christian management institution affiliated with the CBSE — to permit a Muslim girl student to attend classes wearing a headscarf.
Justice V G Arun, while hearing the plea filed by the school, refused to grant an interim stay on the directive. The court observed that since the institution is a CBSE-affiliated school, no coercive action can be taken against it.
"You know nothing could be done. I am not passing an interim order for the sake of passing one. Let the State Attorney get instructions," the judge remarked while declining the plea for stay.
The petitioner school earlier approached the High Court seeking police protection for its management, staff, and students after alleged threats and mob intrusion over its uniform policy. The court had granted protection at that time.
In the current writ, the school contends that the Kerala government has not enacted any law permitting religious attire in educational institutions and that such permissions could undermine the secular and inclusive character of schools. It further argues that the DDE and other education department officers exceeded their jurisdiction by directing an unaided CBSE minority institution to deviate from its prescribed dress code.
The management maintains that CBSE-affiliated schools are governed by the Central Board of Secondary Education and not by the State Education Department. The petition also cites the 2018 Kerala High Court judgment in Fathima Thasneem & Another v. State of Kerala, which held that individual rights cannot override institutional discipline in matters related to uniform.
The plea seeks to quash the DDE’s notice, declare that state authorities lack jurisdiction over CBSE schools, and restrain any coercive action against the institution.
The controversy began after a Muslim girl student of St Rita’s Public School in Palluruthy, Kochi, attended class wearing a headscarf, allegedly violating the school’s uniform policy. The management said the rule had been clearly communicated to the student’s parents at the time of admission, and they had agreed to follow it. Although the girl’s father then agreed to comply with the uniform policy, he later announced that his daughter would leave the school and seek admission elsewhere, citing the mental stress caused by the controversy.
(With LiveLaw inputs)