Kerala High Court refuses to stay judgment permitting girls-only Muslim school to introduce co-education

The Kerala High Court on Tuesday declined to stay a single judge ruling which had permitted a girls-only government-aided Muslim School in Kottayam to introduce co-education if the local body failed to grant timely approval for the same [KA Muhammed Ashraf & anr v Muslim Girl's Higher Secondary School & ors]..One KA Muhammed Ashraf has filed an appeal challenging the single judge ruling before a Division Bench of the High Court. A Vacation Bench comprising Justice A Badharudeen and Justice Muralee Krishna S today declined to stay the earlier judgment, but clarified that any action taken pursuant to it would be subject to the final outcome of the appeal."This Court is not inclined to stay the impugned order, but any order passed in pursuance to the said order in WP(C) 15783/2026 shall be subject to the final decision of this petition. Post on 21 May," the Court said..The case concerns the Muslim Girls Higher Secondary School, Erattupetta. The school had earlier approached the High Court seeking permission to introduce co-education from the 2026-27 academic year.The school challenged a State government circular mandating prior approval from the local self-government institutions for introducing co-education in a government-aided school.The circular was meant to promote the introduction of co-education in girls only and boys only schools. However, it also contains a clause requiring approval from local authorities before co-education is introduced in such schools. .In the Erattupetta school's case, a single judge Bench comprising Justice KV Jayakumar took note of the delay by the local authority in approving the school's application for introducing co-ed. In an April 28 ruling, the judge ordered the Erattupetta municipality to take a decision in the matter within three days after it receives a copy of the Court's judgment.Justice Jayakumar also questioned the reason behind the insistence on municipal approval for introducing co-education. He pointed out that the State's circular itself did not explain the role of the local authority in such matters or prescribe any procedure for granting such approval."The vesting of blanket powers with an authority without prescribing the procedures to be followed by such authority, would lead to arbitray exercise of powers," the judge added. The single judge ruling went on to clarify that if no decision was taken by the local authority within three days, the school could proceed with introducing co-education without waiting for the municipality's approval..This ruling has now been challenged before the High Court's Division Bench by one KA Muhammed Ashraf. Ashraf was not a party in the school's petition before the single judge Bench. However, he has filed a connected writ petition challenging the State circular that promoted the introduction of co-education in schools. Both matters have now been posted for further hearing on May 21. .KA Manzoor Ali appeared for the Ashraf.The school was represented by advocates CS Ajith Prakash, Ancy Thankachan and Sahala Fathima.