Hijab Row: Kerala HC asks government to respond to school’s plea challenging education department order

NEW DELHI: The Kerala High Court on Friday sought the state government's stand on a church-run school's plea challenging an Education Department directive to permit a Muslim girl to attend classes wearing her religious headscarf or 'hijab'.

Justice V G Arun directed the government lawyer to come with instructions regarding the averments in the school's petition, which has also challenged the department's notice, which stated there was "serious malfunctioning" at the institute -- St Rita’s Public School at Palluruthy here. The court listed the matter for further hearing on October 24.

During the brief hearing, the school sought an interim stay on the department's notice permitting the girl to wear a 'hijab'. However, the court declined to pass any orders saying that no coercive steps would be taken against the institution by the government as it was a CBSE school, a lawyer associated with the case said.

In its petition, the school has contended that "the individual rights of a student cannot override or be imposed upon the larger interest, discipline, and uniform regulations of an educational institution". The school claimed that after the Muslim student was not permitted to wear the 'hijab' to classes, her father contacted parents belonging to their community and instigated them to send their wards wearing the religious headscarves in contravention of the institution's prescribed dress code.

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Alleged communal tensions

It was done with the "ulterior motive of creating communal tension and disturbing the peaceful atmosphere of the institution", the school has alleged. It has contended that the Education Department's notice directing it to permit the girl to attend classes wearing the 'hijab' was "illegal" and "without jurisdiction" as the state education officers' powers were limited in the matters of CBSE affiliated schools.

The school has claimed that since it was a minority institution which operates without any aid or funds from the state government and is affiliated to the CBSE, the Education Department had no authority to conduct an enquiry against it or issue a notice to it.

The petition has sought quashing of the Education Department's notice dated October 14 and a declaration that it has no authority over the CBSE-affiliated school. It has also sought a declaration from the court that the state government and its education department have no authority to insist the school management to deviate from the uniform prescribed by them without promulgating any enabling legislation.