The Kerala High Court, on October 17, directed the state counsel to obtain instructions on a directive issued by the Deputy Director of Education (DDE), Ernakulam, asking St. Rita’s Public School, a CBSE school managed by the Church, to permit a Muslim girl to attend classes wearing a Hijab. Meanwhile, Justice V.G. Arun refused to grant an interim stay on the order. When the school’s counsel pressed for the stay, the judge orally observed that coercive action could not be taken against the school since it is affiliated with the CBSE. The Court stated that it was not passing an interim order merely for the sake of it, but would wait for the state counsel’s instructions to the school.
Earlier, the school had approached the High Court seeking police protection for its management, staff, and students, in view of the threats and mob intrusion related to its uniform policy. The Court had granted the protection.
In the latest writ petition, the school argues that the Government of Kerala has not enacted any law permitting a religious dress code in schools; and if such a code is enforced, it would undermine the secular and inclusive ethos of educational institutions. The school’s attorney contended that officials of the Kerala Education Department, including the DDE, acted beyond their jurisdiction in directing the school to allow deviation from the established dress code, as St. Rita’s Public School is a CBSE-affiliated, unaided minority institution. The management further argued that state education officers have no authority over the regulations and functioning of CBSE schools, as these come under the Central Board of Secondary Education (CBSE).
Kerala: Hijab row rocks school in Kochi, SDPI pressure exposes growing Islamist assertion in classrooms
Reports: T Satisanhttps://t.co/MrtqWkJe7E
— Organiser Weekly (@eOrganiser) October 17, 2025
The school’s petition cited the 2018 Kerala High Court ruling in Fathima Thasneem & Another v. State of Kerala, which held that individual rights cannot override institutional discipline in matters of school uniform. The petition sought the quashing of the DDE’s notice and a declaration that state government authorities lack jurisdiction over CBSE-affiliated schools.
Meanwhile, the student in question has withdrawn from the school. Her parent told the media that the school had ‘pained’ his ward. He referred to the statement made by Education Minister V. Sivankutty, who said that the school was answerable to the government regarding the circumstances which led to his daughter’s decision to discontinue.
However, the principal stated that the child could continue her studies in the school, provided she followed the school’s rules and regulations.
Meanwhile, State Education Minister V. Sivankutty continues to blow hot and cold. He posted another statement on his Facebook account on October 17, this time appearing keen to support religious fundamentalism. He claimed that Kerala enjoys an educational environment that always upholds secular values and that the government would not tolerate any action which might hinder those values. The Minister stated that the incident of keeping a student out of class at St. Rita’s Public School for wearing a Hijab was reprehensible and did not comply with the state’s educational tradition. He termed it a negation of the educational achievements the state has attained, adding that the government viewed the development very seriously.
The Minister said that education is every child’s right, and that right should not be denied on the grounds of particular attire or personal preferences. He expressed concern that the mental pressure on the withdrawn child would be immense and attributed it to the wrong steps taken by the school, asserting that such conduct would not be tolerated under any circumstance.
There is no doubt that the Minister appears ready to go to any extent of religious appeasement; hence his post is factually incorrect. First of all, the management has not expelled the child from the school. Secondly, it has merely insisted on adherence to the uniform policy, an integral part of school discipline, which the parent had agreed to when completing the admission formalities for his ward.
A few days earlier, the Minister had remarked, “If there is already a consensus on the issue, let it end there.”
