Court examines authority of state to direct CBSE schools on uniform policies amid ongoing dispute.
The Kerala High Court recently made a decision concerning a directive issued by the Deputy Director of Education in Ernakulam. This directive allows a Class 8 Muslim student at St Rita’s Public School, which is a Christian-managed institution affiliated with the Central Board of Secondary Education (CBSE), to attend classes wearing a hijab. The court’s refusal to stay this order comes amidst a broader discussion about the authority of the state to issue directives to schools under the CBSE.
The court’s inquiry follows a plea from the school’s manager, who has requested a stay on the deputy director’s directive. The manager contends that the government may not have the jurisdiction to impose such an order on CBSE-affiliated schools. The situation escalated on October 8 when the student began attending school in a hijab, prompting the school authorities to deny her permission and seek clarification from her parents regarding what they termed a violation of the uniform policy.
Following this denial, the student’s father, along with several supporters, allegedly entered the school premises unlawfully, confronting security personnel who attempted to prevent their entry. The school management subsequently sought police protection due to threats and an attempted mob intrusion, which the court granted. The management argued that the actions of the Kerala Education Department officials exceeded their authority by instructing the school to allow deviations from the established uniform code.
Furthermore, the school maintains that the internal regulations of CBSE-affiliated institutions fall under the central board’s jurisdiction, and the Kerala government has not enacted any law permitting religious attire in schools. The school’s management expressed concerns that allowing such deviations could compromise the secular and inclusive principles that educational institutions are meant to uphold.
Amid this controversy, the student has opted to leave St Rita’s Public School, as reported by The Indian Express. Her father expressed that the school’s position had significantly affected his daughter, stating that the principal had indicated that her wearing of the hijab might instill fear among other students. He emphasized his desire to avoid escalating the issue into a communal conflict between Christians and Muslims.
Principal Heleena Alby remarked that the student could continue her education at the school if she adhered to the institution’s rules and regulations. She noted that several related issues are currently pending in court and stressed the importance of allowing the legal process to unfold. Meanwhile, Kerala Education Minister V Sivankutty has requested an explanation from the school regarding the circumstances leading to the girl’s decision to leave.
