Hijab row: Kerala HC closes school’s plea after student’s parents withdraw admission
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The Kerala High Court on Friday closed a petition filed by St Rita’s Public School, Ernakulam, challenging a notice by the Deputy Director of Education (DDE) directing the school to allow a girl student to attend classes wearing a headscarf. The matter was closed after the court was informed that the student’s parents had decided to withdraw her admission.
During the hearing, Justice V G Arun noted that “better sense has prevailed” and observed that fraternity, one of the foundational principles of the Constitution, “remains strong.” The court stated that, given the parents’ decision, the contentious issues raised by the petition no longer required adjudication.
The student's counsel, Adv Ameen Hassan K, confirmed her intention to withdraw from the school, while the State indicated it did not wish to escalate the matter.
The controversy arose after St Rita’s School, a Christian minority institution affiliated with CBSE, sought police protection following alleged threats and mob intrusion for not permitting the student to wear a hijab with the school uniform. Earlier this month, the court had granted police protection to the school.
Following the incident, the DDE of Ernakulam issued a directive instructing the school to allow the student to attend classes wearing a headscarf. St Rita’s subsequently filed a plea in the High Court, arguing that state education officers lacked authority over the internal regulations of CBSE-affiliated schools. The petition sought quashing of the DDE’s notice, a declaration that state authorities had no jurisdiction over CBSE schools, and an interim injunction restraining coercive action against the school.
The school argued that no law in Kerala permits religious attire in schools and that allowing such deviation from its dress code would undermine the secular and inclusive ethos of educational institutions. It emphasised that CBSE schools, as unaided minority institutions, fall under the central board’s purview, not the state education department.
(With inputs from LiveLaw)