Prayagraj: The Allahabad High Court has dismissed a petition filed by a student seeking permission to wear a hijab along with the prescribed school uniform, observing that students cannot alter an institution's dress code according to personal preferences.
A two-judge bench comprising Justice JJ Munir and Justice Indrajit Shukla rejected the plea filed by the minor student through her mother, who had sought directions to allow her to wear a hijab while attending school.
Court Says Hijab Not Essential Religious Practice
The court rejected the argument that wearing a headscarf is an essential part of Islamic practice. The bench observed that previous judgments by various High Courts have held that wearing a headscarf is not an essential religious practice without which faith would be affected.
The court noted that the claim made in the petition regarding hijab being an essential religious practice was only an assertion and was not sufficient to override the school's uniform policy.
Uniform Code Must Be Followed by All Students
The High Court observed that a school has the authority to enforce its uniform rules if the policy is fair, non-discriminatory and aimed at maintaining discipline and equality among students.
The court stated that allowing individual students to make changes to the prescribed uniform based on personal choices would affect the concept of uniformity and shift disciplinary authority from the institution to individuals.
Student Had Sought Permission to Wear Headscarf With Uniform
The petition was filed by a student of a private school in Prayagraj who had completed Class 10 and was seeking admission to Class 11 in the same institution.
The student's mother approached the court, claiming that the girl had been wearing a headscarf since Class 6 and should be allowed to continue the practice along with the school uniform.
School, State Government and CBSE Opposed Plea
The school argued that it is a private, self-financed institution with a uniform dress code applicable equally to all students from different communities.
The school authorities said that granting an exemption to one student could impact discipline and uniformity on the campus. The State Government and CBSE also opposed the petition.
The Allahabad High Court ultimately dismissed the plea, upholding the school's authority to implement its uniform policy.