FATHIMA THASNEEM (MINOR) Vs. STATE OF KERALA

JUDGEMENT

(1.) Religious dress in a private educational institution is the issue in this writ petition. The petitioners are students, who are studying in Christ Nagar Senior Secondary School, a CMI Educational Institution. They are represented in this writ petition through their parents.

(2.) The school has adopted a uniform. The petitioners are girl students. They belong to the Muslim community and are followers of the Islamic faith. They want to wear the headscarf as well as full sleeve shirt. The school authority found that it is not consistent with the dress code prescribed by the school authority. The petitioners were directed to attend school with a proper dress code, but they did not relent and insisted that they should be permitted to attend classes wearing the headscarf and full sleeve shirt which is not prescribed in the dress code. Since they are not able to obey the instructions in regard to the uniform, they are before this court in this writ petition.

(3.) One has the liberty to follow his own notions and convictions in the matter of dress code. At the same time, when such a right is claimed against a private entity which is also having equal Fundamental Right to manage and administer an institution, the Court has to balance the competing Fundamental Rights and decide the issue.