Kerala High Court closes plea over Hijab controversy after student decides to leave school

The Kerala High Court on Friday closed St Rita's Public School's plea challenging an official directive for allowing a Muslim student to attend classes wearing a hijab, the headscarf worn by Muslim women [Manager, St Rita's Public School v State of Kerala & ors].

The class VIII student through her counsel informed Justice VG Arun that she did not wish to continue her studies at the school and escalate the matter any further.

The CBSE-affiliated school had earlier sought a stay on Ernakulam Deputy Director of Education's (DDE) order favoring the student.

With the latest development, the Court observed that there was no need to examine the issue any further.

"This Court is happy to note that better sense has prevailed and ultimately, fraternity, which is one of the foundational principles on which the edifies of our Constitution is built, remains strong. Writ petition is accordingly closed," the single-judge said.

However, the Court also remarked that the student's decision to withdraw from the school should not be taken as the management having pushed her out.

"It may not appear that the sisters (school management) have pushed her out of the school as the student is leaving the school on her own volition," the judge remarked orally.

During today's hearing, when the student's counsel highlighted concerns of discrimination at the school, the counsel representing the school argued that its vision has always been one of secular and inclusive nature.

Justice Arun also acknowledged his own experience as a student at a convent school.

"I had my schooling in a convent. My day in school started in the name of the Father, the Son and the Holy Spirit. So I know the service that is being rendered."

Following detailed discussions, the Court recorded that the student's parents had decided to enroll her in another school and therefore, closed the petition.

The school management had earlier moved the Court after the student's family allegedly trespassed on the campus and confronted security personnel over the institution's objections to the student wearing a hijab in the classroom, which violated the established dress code.

The school had also said that attempts were made to persuade other parents too to send their children to school in religious attire. The Court had then granted police protection to the school and its staff.

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

The student was represented by advocates Ameen Hassan K and Rebin Vincent Gralan.

[Read Judgment]

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