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Kochi, Oct 17 (IANS) The Kerala High Court on Friday directed the state’s counsel to obtain instructions regarding a direction issued by the Ernakulam Deputy Director of Education (DDE) asking CBSE-affiliated Christian management school St. Rita Public School to allow a Muslim girl student to attend classes wearing a headscarf.
A bench of Justice VG Arun refused to grant an interim stay and asked the state to provide guidance on the matter.
The lawyer appearing for the school sought a stay, but the judge said “since it is a CBSE school, no coercive step can be taken”.
Justice Arun said, “You know nothing can be done. I am not passing an interim order just for the sake of passing. Let the state attorney get instructions.”
Earlier, the school had approached the High Court seeking police protection for its management, staff and students following alleged threats and mob intrusion over its uniform policy.
That request was accepted.
In the present writ petition, the school argues that the Government of Kerala has not made any law allowing religious attire in schools and imposing such permission would compromise the secular and inclusive ethos of educational institutions.
The management argues that the DDE and other officials of the Kerala Education Department acted beyond their jurisdiction by directing the school to deviate from its dress code, as St. Rita’s is an unaided minority institution affiliated to CBSE.
The petition also claims that state education authorities have no authority over the internal rules of CBSE schools, which are governed by the Central Board of Secondary Education.
It cites the 2018 Kerala High Court judgment in Fathima Thasneem and Others vs. State of Kerala, which held that individual rights cannot override institutional discipline in uniform matters.
The school is seeking quashing of the DDE’s notice, a declaration that state authorities do not have jurisdiction over CBSE-affiliated schools, and an interim injunction barring any coercive action against the institution.
It is expected that the High Court will hear the case further after the state gives instructions.
The Class 8 student has not attended classes since the controversy started last week. Her parents said on Friday that they would not send her back to school, while the principal said he had no problem if she returned.
–IANS
SG/VD