The Allahabad High Court has rejected a Class 11 student’s plea seeking permission to wear a hijab along with the prescribed school uniform, holding that the material placed before the Court did not establish that wearing a headscarf was an essential religious practice.
A Bench of Justice J.J. Munir and Justice Indrajeet Shukla was hearing the petition filed by the minor student through her mother.
Student Had Worn Hijab in Earlier Classes
The student had studied at the private CBSE-affiliated school from Class 6 to Class 10 and claimed that she had worn a headscarf throughout those years without facing any objection.
She relied on school identity cards and group photographs showing her wearing the hijab with the prescribed uniform.
After completing Class 10, she sought admission to Class 11 but was allegedly told that she could not continue wearing the headscarf in the classroom.
She subsequently approached the district authorities and then the High Court, claiming that the restriction interfered with her religious practice and constitutional rights.
Court Upholds School’s Uniform Policy
The High Court held that schools are entitled to prescribe and enforce uniform dress codes aimed at maintaining discipline, equality and institutional identity.
The Bench observed that a uniform requirement applies equally to students belonging to different faiths and can therefore maintain a religion-neutral environment within the classroom.
The Court also noted that the school had not introduced a new uniform requirement at the time of the dispute. Instead, the issue concerned the student’s request to continue modifying the prescribed uniform by adding a headscarf.
Earlier Permission Did Not Create an Enforceable Right
The student argued that she had been allowed to wear the hijab during her earlier years at the school.
The High Court, however, held that the fact that the school had previously permitted the practice could not by itself create a permanent or vested right to continue the modification.
The Court observed that a student’s earlier experience with a particular dress practice does not prevent an institution from subsequently enforcing its prescribed uniform policy.
Court Finds Lack of Material on Religious Necessity
The student also claimed that wearing the hijab was an essential part of her religious practice.
The Bench found that the petition did not contain sufficient pleadings, authoritative religious texts or other material to establish that wearing a headscarf was an essential religious practice in the circumstances of the case.
The Court therefore declined to accept the claim that preventing the student from wearing the headscarf would effectively affect her religious identity or faith.
Articles 14 and 19(1)(a) Invoked
The student had relied on Articles 14 and 19(1)(a) of the Constitution, alleging discrimination and violation of her freedom of expression.
After examining the school’s uniform policy and the material presented by the petitioner, the Court found no basis to direct the institution to make an exception to its dress code.
The petition was consequently rejected.
Case Details
Court: Allahabad High Court
Bench: Justice J.J. Munir and Justice Indrajeet Shukla
Issue: Hijab and school uniform
Key Issues: Religious practice, uniform policy, Articles 14 and 19(1)(a)
School: Private CBSE-affiliated institution
