Kerala HC refuses to stay DDE 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 of a school in Kochi’s Palluruthi to attend classes wearing a hijab (headscarf) despite the school’s opposition to the same.

The management of the school, St Rita’s Public School, has challenged the DDE directive, contending that it had no power to issue such orders against a school that comes under the Central Board of Secondary Education (CBSE). A single bench of Justice V G Arun on Friday directed the state attorney to get instruction on the directive issued by the DDE, Ernakulam, asking St. Rita’s Public School to permit the Muslim girl student to attend classes wearing a hijab (headscarf).

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While the counsel appearing for the school pressed for stay, the judge orally remarked that no coercive steps can be taken because it is a CBSE school. “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,” the court said.

The management of the school contended that state education officers have no authority over the internal regulations of CBSE schools, which fall under the purview of the Central Board of Secondary Education. The petition cites the 2018 Kerala High Court ruling in Fathima Thasneem and Another v. State of Kerala, which upheld that individual rights cannot override institutional discipline in the matters of uniform.

The petition sought the quashing of the DDE’s notice, a declaration that state authorities lack jurisdiction over CBSE-affiliated schools, and an interim injunction restraining coercive action against the institution. A row had recently erupted at St Rita’s Public School, a CBSE-affiliated Latin Catholic institution, after a class VIII 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, Ernakulam issued an order on Tuesday, directing the school to allow the girl student to continue her studies and attend her classes wearing a headscarf. The school management has challenged the DDE’s order through the present petition.

The school has contended that the DDE’s directive to allow the Muslim student to continue attending classes wearing a hijab is illegal. Meanwhile, the Catholic Congress has strongly criticized Kerala General Education Minister V. Sivankutty over the hijab controversy at the Ernakulam Palluruthy School.

Catholic Congress Global Director Fr. Philip Kaviyil said that the minister who insulted the nuns should apologize. The minister insulted the Christian community. Fr. Philip Kaviyil also said that the Chief Minister should demand Sivankutty’s resignation if he does not apologize. V Sivankutty on Friday said it is ironic that teachers who wear headscarves are insisting that students of the same institution cannot wear a headscarf.

“If a private school management thinks that it can take over the power of administration in the education sector, it cannot be permitted. The school management should solve the issue by talking to the student. If the student is forced to leave the school, the responsible people will have to answer,” he said.

Meanwhile, the Class VIII student of St Rita’s Public School, who left the school a week ago after she was reprimanded by the management for wearing a hijab has decided to shift to another school. P M Anas, the father of the student said that his daughter informed that she cannot return to the same school as it was difficult to face the teachers and friends after the incident that alienated her from the environment.

However, the school management stuck to its earlier stand. School principal Heleena Alby said that the school is ready to welcome the student, if she is ready to comply with the rules and regulations of the school.