FATHEMA HUSSAIN SAYED Vs. BHARAT EDUCATION SOCIETY

JUDGEMENT

(1.) HEARD Mr. Nusrat Shah, learned Counsel for petitioner and Mr. K. P. Ravi, learned Counsel for respondent Nos. 1 and 2.

(2.) THE petitioner Ms. Fathema Hussain Sayed (minor) is a student of standard VI in Karthika English School (respondent No. 2 ). It is her case that she was asked by the Principal of the School to not to attend class from 28-11-2001 if she wore the head scarf. This direction given by the Principal to the petitioner on 28-11-2001 is under challenge in this writ petition. The petitioner says that she hails from Muslim family and follows the Islam religion and since the Holy Quran provides that a female child after 9 years of age should cover her head by scarf, she started wearing head-scarf from June, 2001. According to her, head-scarf does not violate the dress code or the discipline of respondent No. 2 school and therefore, the direction given by the Principal on 28-11-2001 is violative of petitioners fundamental right of freedom of conscience and professing, propagating and practicing Islam religion.

(3.) BEFORE we advert to the merits of the matter, we observe that the petitioner for the self-same relief filed earlier Writ Petition No. 357 of 2002. The said writ petition was withdrawn by the petitioner and dismissed accordingly vide order dated 11th February, 2002. The order reads thus-