Hijab row: Setback for Kochi school as Kerala HC refuses stay, seeks state's response

Kochi, Oct 17 (IANS) The Kerala High Court on Friday has directed the state attorney to obtain instructions regarding a directive issued by the Deputy Director of Education (DDE), Ernakulam, asking St. Rita’s Public School, a CBSE-affiliated Christian management school, to allow a Muslim girl student to attend classes wearing a headscarf.

A bench of Justice V.G. Arun asked the state to provide guidance on the matter while refusing to grant an interim stay.

Counsel appearing for the school requested a stay, but the judge observed that "no coercive steps can be taken because it is a CBSE school".

"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," Justice Arun said.

Earlier, the school had approached the High Court seeking police protection for its management, staff, and students following alleged threats and a mob intrusion linked to its uniform policy.

That request had been granted.

In the current writ petition, the school contends that the Kerala government has not enacted any law allowing religious attire in schools and that enforcing such permission would compromise the secular and inclusive ethos of educational institutions.

The management argues that the DDE and other Kerala Education Department officials acted beyond their jurisdiction by directing the school to deviate from its dress code, as St. Rita’s is an unaided minority institution affiliated with the CBSE.

The petition also asserts that state education officers have no authority over the internal regulations of CBSE schools, which are governed by the Central Board of Secondary Education.

It cites the 2018 Kerala High Court ruling in Fathima Thasneem & Another v. State of Kerala, which upheld that individual rights cannot override institutional discipline in matters of uniforms.

The school is seeking the quashing of the DDE’s notice, a declaration that state authorities lack jurisdiction over CBSE-affiliated schools, and an interim injunction restraining any coercive action against the institution.

The High Court is expected to hear the matter further after the State provides its instructions.

The Class 8 girl student has not attended classes after the row broke out last week. Her parents on Friday said that they are not going to send her to the school again, while the Principal went on record to state that they have no problem if she returns.

--IANS

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