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The Kerala High Court on Friday, October 17, directed the State Attorney to obtain instructions regarding a directive issued by the Deputy Director of Education (DDE), Ernakulam, which asked St Rita’s Public School—a CBSE-affiliated Christian management institution—to permit a Muslim girl student to attend classes wearing a headscarf.
A bench of Justice VG Arun sought the State’s clarification on the issue while declining to grant an interim stay on the DDE’s directive.
Counsel for the school had requested a stay, but Justice Arun observed that no coercive action could be taken against the institution, as it is a CBSE-affiliated school.
“Nothing can be done at this stage. I am not passing an interim order just for the sake of it. Let the State Attorney get instructions,” the judge remarked.
Earlier, the school had approached the High Court seeking police protection for its management, staff, and students after alleged threats and a mob intrusion linked to its uniform policy. The court had granted that request.
In the present writ petition, the school argues that the Kerala government has not enacted any law permitting religious attire in educational institutions, and that enforcing such directives would undermine the secular and inclusive ethos of schools.
The management contends that the DDE and other Education Department officials exceeded their authority by instructing the school to deviate from its uniform policy, emphasizing that St. Rita’s is an unaided minority institution governed by CBSE regulations rather than state education rules.
The petition cites the 2018 Kerala High Court judgment in Fathima Thasneem & Another v. State of Kerala, which held that individual rights cannot supersede institutional discipline in matters concerning uniforms.
The school seeks to quash the DDE’s notice, declare that state authorities have no jurisdiction over CBSE-affiliated institutions, and obtain an interim injunction restraining any coercive measures against it.
The court will consider the matter further once the State submits its response.
Meanwhile, the Class 8 student at the centre of the controversy has not attended classes since the dispute arose last week. Her parents said on Friday that they do not intend to send her back, though the Principal stated the school has “no objection” if she returns.