Kerala hijab row: Setback for school as HC declines to stay DDE order permitting headscarf

Ernakulam: The Kerala High Court on Friday declined to grant an immediate interim stay on a directive concerning religious attire at St. Rita's Public School, Live Law reported.

The Deputy Director of Education (DDE), Ernakulam, had instructed the CBSE-affiliated Christian minority institution to allow a Muslim girl student to attend classes wearing a headscarf.

Justice V G Arun, hearing the matter, asked the State attorney to seek instructions but refused to halt the DDE’s order for now, despite the school’s request for a stay.

The management of St. Rita’s argued that state education officers lack jurisdiction over the internal dress code of CBSE-affiliated, unaided minority schools. It contended that enforcing permission for religious attire undermines the secular and inclusive ethos of educational institutions.

The petition cited a 2018 High Court ruling affirming that institutional discipline regarding uniforms takes precedence over individual rights. The school is seeking the quashing of the DDE’s notice.

Student’s parents consider transfer

Amid the ongoing controversy, the student is reportedly facing mental distress and is unwilling to continue at the school. Her parents said they would obtain a Transfer Certificate (TC) and admit her to another school.

The St. Rita’s management and its legal counsel had publicly challenged the government, prompting a response from Education Minister V. Sivankutty. Following this, the school approached the High Court against the DDE’s notice, which was now rejected.