Can’t ask pvt school to allow dress per faith says Kerala high court
TNN | Dec 13, 2018, 06:15 ISTKOCHI: A private school cannot be directed to allow students to alter uniforms as per religious beliefs, the Kerala high court held.
Two Muslim students of Christ Nagar Senior Secondary School in Thiruvananthapuram, represented by their father Mohd Sunir, wanted to wear headscarves and full-sleeved shirts to school. He moved the court as the school asked them to follow the prescribed uniform. He said choice of clothing is a fundamental right to religion under Article 25-1 of the Constitution.
Justice A Muhamed Mustaque said the petitioners had the fundamental right to choice of dress based on religious injunctions but the school management had the fundamental right to establish, manage and administer an institution under Article 19.
“The dominant interest represents the larger interest and the subservient interest represents only individual interest. If the dominant interest is not allowed to prevail, subservient interest would march over the dominant interest resulting in chaos,” the court said. The court said the Constitutional right is not intended to protect one right by annihilating the rights of others.
“The Constitution intends to assimilate plural interests within its scheme without any conflict or in priority. However, when there is a priority of interest, individual interest must yield to the larger interest,” said Justice Mustaque.
Two Muslim students of Christ Nagar Senior Secondary School in Thiruvananthapuram, represented by their father Mohd Sunir, wanted to wear headscarves and full-sleeved shirts to school. He moved the court as the school asked them to follow the prescribed uniform. He said choice of clothing is a fundamental right to religion under Article 25-1 of the Constitution.
Justice A Muhamed Mustaque said the petitioners had the fundamental right to choice of dress based on religious injunctions but the school management had the fundamental right to establish, manage and administer an institution under Article 19.
“The dominant interest represents the larger interest and the subservient interest represents only individual interest. If the dominant interest is not allowed to prevail, subservient interest would march over the dominant interest resulting in chaos,” the court said. The court said the Constitutional right is not intended to protect one right by annihilating the rights of others.
“The Constitution intends to assimilate plural interests within its scheme without any conflict or in priority. However, when there is a priority of interest, individual interest must yield to the larger interest,” said Justice Mustaque.
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