Kerala High Court refuses to stay government order allowing Muslim student to wear hijab in school

The Kerala High Court on Friday refused to grant an interim stay on a directive issued by the Deputy Director of Education (DDE), Ernakulam, which permitted a Muslim girl student to attend classes wearing a hijab (headscarf worn by Muslim women) despite the school's opposition to the same [St Rita's Public School v State of Kerala & ors].

The management of the school concerned, St Rita's Public School, has challenged the DDE directive, contending that the DDE had no power to issue such orders against a school that comes under the Central Board of Secondary Education (CBSE).

The school's counsel today urged the Court to stay the DDE's directive under the matter is finally decided.

However, Justice VG Arun declined to pass any such interim order before posting the case next on October 24.

The judge reasoned that the DDE is not likely to take any coercive steps against the CBSE school. As such, the Court questioned why the school was insisting on a stay order.

"Your concern would be whether anything further would be done (whether any coercive steps would be taken against the school) based on Exhibit P6. Nothing will be done. You heard the State Attorney. I am limiting myself. No coercive steps can be taken because, as you rightly said, it is a CBSE school. The High Court is not sitting here powerless ... You know nothing will be done, Mr Manoj knows nothing will be done, the Court also knows. Then why are you insisting on an interim order? I can't be passing interim orders for the purpose of passing an order. Don't tell me to do that. Is it because I am not able to make myself clear, or is it because you are refusing to understand? Post Friday for instructions."

A row had recently erupted at St Rita's Public School, a CBSE-affiliated Christian institution, after a class 8 Muslim student started wearing a hijab to school earlier this month. The school management said that this violated the school's dress code.

When the school sought an explanation, the student's father, along with others, allegedly trespassed into the campus and assaulted security personnel. The school also alleged that there were attempts made to persuade other parents to send their children to school in religious attire and protests outside the school gates.

Following these incidents, the management approached the High Court and was granted police protection, so that its students and staff were protected from further threats or mob intrusions.

Subsequently, the DDE issued a notice on October 14, directing the school to allow the girl student to continue her studies and attend her classes wearing a headscarf.

This has now been challenged by the school management before the High Court. Its plea stated that all students, irrespective of their religion, had followed the common uniform policy since the time the school was established, with parents expressly agreeing to this policy at the time of admission.

The school has contended that the DDE's directive to allow the Muslim student to continue attending classes while wearing a hijab is illegal. The school added that the order was based on false statements and that the student was never denied entry into the school.

According to reports, the student has now decided to leave the school and join another institution.

The school was represented by Advocates Bimala Baby, Roshan Shaji,Magi Pavithran, Jasmine Ligy, and Remya Thomas.