The Kerala High Court has decided not to immediately block a government order that allows a Muslim girl student to wear a headscarf at a private CBSE school. The court has put a temporary pause on making a final decision, asking the state government to first explain its position on the matter.
The whole issue started when the Deputy Director of Education (DDE) in Ernakulam instructed St. Rita’s Public School, an institution run by a Christian management, to permit a Muslim student to wear her headscarf in class. The school wasn’t happy with this directive and took the matter to the High Court, challenging the DDE’s authority.
During the hearing, the school’s lawyer strongly pushed for an immediate stay on the DDE’s order. However, Justice V G Arun, who is overseeing the case, chose not to grant it right away. The judge pointed out that since St. Rita’s is a CBSE school and not directly under state control, it’s unlikely that any forceful action could be taken against the school anyway.
He stated, “I am not passing an interim order for the sake of passing one,” and directed the State Attorney to gather instructions and present the government’s side.
The school’s main argument is that state education officials have no power or jurisdiction to interfere with the internal rules of a CBSE-affiliated school. They believe that matters like dress codes fall under the authority of the Central Board of Secondary Education. The school also contends that allowing religious attire would go against its efforts to maintain a secular and inclusive environment for all students.
They referenced a 2018 High Court decision that prioritised school discipline over individual rights when it comes to uniforms. The school is now asking the court to completely cancel the DDE’s notice and formally declare that state authorities cannot meddle in the affairs of CBSE schools.
