Kerala High Court Closes Plea Against DDE Order In Hijab Row Case After Student Withdraws Admission

The Kerala High Court on Friday (October 24) closed a plea by St Rita's School challenging a notice by Deputy Director of Education (DDE) Ernakulam to permit a girl student to attend classes wearing a headscarf, after the court was informed that her parents had decided to withdraw her admission. 

After hearing the submission made by the student's counsel the State said that it does not want to precipitate the issue. The court thus closed the matter noting that better sense had prevailed wherein "fraternity"–the foundational principles on which the edifice of the Constitution is built, "remains strong". 

After hearing the parties Justice V G Arun stated:

"After a detailed hearing, there is a welcome submission that the 7th respondent's parents have decided to discontinue her studies in the petitioner's school and to admit in another institution. In view of such a decision, I am of the opinion that the contentious issues that are now raised need not be gone into. The learned State Attorney has also stated that in view of the submission that the state also decided not to precipitate the issue...This Court is happy to note that better sense has prevailed and ultimately, fraternity, which is one of the foundational principles on which the edifice of our Constitution is built, remains strong. The writ petition is accordingly closed."

When the matter was called, the student's counsel submitted that she wants to withdraw and leave from the school. 

The Court after hearing the contentions of the petitioner school orally said, "I understand the sentiments of the sisters. Ultimately it may appear that they have pushed her out of the school".

Meanwhile the counsel for the student submitted, "We are not saying that the Latin Catholic community is intolerant. They are running a lot of schools in the country...We all know that in this situation, she cannot continue. Let's not escalate".

At this stage Justice Arun orally said, "For your information, I had my schooling in the Catholic school. Every day started with in the name of the father. I am also a beneficiary". 

Background

The court was hearing a plea by St. Rita's Public School, a Christian management school affiliated with CBSE, which had earlier approached the high court seeking police protection following alleged threats and mob intrusion for not allowing a Muslim girl student to wear hijab with school uniform. The court had earlier this month granted police protection. 

Following this, Deputy Director of Education (DDE), Ernakulam issued a directive, asking the school to permit the student to attend classes wearing headscarf. The school thereafter approached the High Court arguing that the State education officers have no authority over the internal regulations of CBSE schools, which fall under the purview of the Central Board of Secondary Education.

The petition sought quashing of the DDE's notice, a declaration that state authorities lack jurisdiction over CBSE-affiliated schools, and an interim injunction restraining coercive action against the institution.

The school had argued that the Government of Kerala has not enacted any law permitting religious attire in schools and that enforcing such permission would undermine the secular and inclusive ethos of educational institutions.

The school contended that the Kerala Education Department's officers, including the DDE, acted beyond their jurisdiction in directing the school to allow deviation from its dress code, as St. Rita's Public School is a CBSE-affiliated, unaided minority institution.

It also argued that the state education officers have no authority over the internal regulations of CBSE schools, which fall under the purview of the Central Board of Secondary Education.

Case Title: Manager, St Rita's Public School v State of Kerala and Ors

Case No: WP(C) 38698/ 2025

Counsel for Petitioner: Bimala Baby, Magi Pavithran, Roshan Shaji, Remya Thomas, Jasmine Ligy