Not allowing girl to wear hijab to school 'denial of secular education': Kerala government to High Court

The school has claimed that being a minority institution which operates without any aid or funds from 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.

Kochi: The Kerala government on Friday told the High Court here that not permitting a Muslim girl to wear her headscarf (hijab) to school was an "invasion" of her privacy and dignity and a "denial of her right to secular education".

The government said the right of the girl to wear a headscarf in her house and outside it, "does not stop at the school gate".

The submissions were made in an affidavit filed in response to a plea moved by the church-run St Rita's Public School at Palluruthy here challenging the General Education Department's directive to permit the Muslim girl to attend classes wearing her religious headscarf or 'hijab'.

The school had also challenged the department's notice, which stated there was "serious malfunctioning" at the institute.

When the matter was taken up on Friday, the lawyer appearing for the girl said that her parents had decided to discontinue her studies at the school and admit her to another institution.

In view of the submission on behalf of the student's parents, the court said that the contentious issues need not be gone into.

It also noted the submission of the state government's lawyer that, in view of the stand taken by the child's parents, the department does not intend to proceed with the matter.

"This court is happy to note that better sense has prevailed and ‘fraternity’, which is one of the foundational principles on which the edifice of our great Constitution is built, remains strong," Justice V G Arun said and closed the writ petition.

In its petition, the school had 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.

In its affidavit, the state government, citing various government orders, has contended that the General Education Department has "sufficient functional, financial and administrative control over the CBSE-affiliated schools, at least in the matters specifically permitted by and empowered by the Affiliation Bye Laws".

"It is also crystal clear that the officers of the Education Department, going by the provisions of the Affiliation Bye Laws as well as the guidelines for issuance of NOC for CBSE affiliation, have been vested with the power to inspect the school and issue advisories to it," the government said in its affidavit.