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 instructed St. Rita’s Public School, a Christian minority institution affiliated with the Central Board of Secondary Education (CBSE), to permit a Muslim girl student to wear a headscarf in class.
Justice V. G. Arun directed the State Attorney to obtain instructions on the matter, observing that no coercive steps could be taken against the school since it functions under the CBSE. “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,” the judge remarked while declining to issue a stay at this stage.
The counsel appearing for the petitioner-school had strongly pressed for an interim order to stay the DDE’s directive, arguing that the instruction interfered with the school’s established dress code and internal regulations.
The school, in its petition, contended that the Government of Kerala has not enacted any legislation permitting the wearing of religious attire in educational institutions. It argued that compelling the school to allow deviations from its uniform policy would undermine the secular and inclusive character of the institution.
According to the petition, officers of the Kerala Education Department, including the DDE, acted beyond their jurisdiction in issuing the order, since St. Rita’s Public School is an unaided minority institution under the administrative purview of the CBSE. The management asserted that state education officers have no authority over CBSE-affiliated schools and that such directives interfere with the autonomy of private minority institutions.
The petitioner also relied on the 2018 Kerala High Court judgment in Fathima Thasneem & Another v. State of Kerala, which held that individual rights cannot override institutional discipline in matters relating to uniforms.
The school further noted that it had earlier approached the High Court seeking police protection for its management, staff, and students after receiving threats and facing mob intrusion over its uniform policy. The High Court had granted protection in that earlier plea.
In the present writ petition, the school has sought the quashing of the DDE’s order, a declaration that the state education authorities lack jurisdiction over CBSE-affiliated schools, and an interim injunction restraining any coercive action against the institution.
Justice Arun posted the matter for further hearing after the State Attorney furnishes instructions on behalf of the government.
(Source: LiveLaw)
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