Kerala HC Seeks State’s Response To Church-Run School’s Plea Against Hijab Directive

In its plea, the school claimed that the rights of individual students should not override the broader interests of discipline and uniformity within the school. (File photo)

The Kerala High Court on Friday asked the state government to clarify its stand on a plea filed by a church-run school that is challenging an Education Department order allowing a Muslim girl student to wear a headscarf, or hijab, in class.

Justice VG Arun directed the government counsel to come prepared with instructions regarding the claims made in the petition. The matter is now posted for further hearing on October 24.

The case involves St Rita’s Public School, a CBSE-affiliated minority institution based in Palluruthy, Kochi. The school has argued that the Education Department overstepped its authority by directing it to allow the girl to attend classes while wearing a hijab, which goes against the school’s prescribed uniform policy.

During Friday’s hearing, the school requested an interim stay on the department’s order. However, the court declined to issue such a stay for now. A lawyer connected to the case said the court noted that no coercive steps would be taken against the school since it falls under the CBSE board.

In its petition, the school claimed that the rights of individual students should not override the broader interests of discipline and uniformity within the school. It further alleged that after the girl was denied permission to wear the hijab, her father encouraged other parents from the community to send their children wearing similar religious attire — in what the school described as an attempt to create “communal tension”.

The school also argued that being a minority institution that does not receive any government aid, and being affiliated with the CBSE, the state’s Education Department had no jurisdiction to issue such a directive or conduct an enquiry into its functioning.

The school has asked the High Court to quash the department’s October 14 notice and to declare that state authorities have no legal power to interfere in uniform policies of CBSE schools without passing appropriate legislation.

(With inputs from PTI)