“Issue already pending in Supreme Court”: Madras High Court in PIL against students' religious attire, accessories in schools dismissed as withdrawn

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The Madras High Court today dismissed as withdrawn, a Public Interest Litigation seeking direction to the State authorities to restrict students from wearing add-ons like accessories, Hijab, and other religious symbols in schools and other educational institutions.

The litigant, Advocate K Gopinath who is a leader of Hindu Munnetra Kazhagam, chose to withdraw his plea after the bench of Justices M Duraiswamy & TV Thamilselvi pointed out that the issue is already pending before the Supreme Court.

In his plea, Gopinath had contended despite the dress code for schools and educational institutions being followed by the government in Tamil Nadu since the 1960s, in various schools students are wearing the add-ons like accessories, overdresses like hijab, and other religious symbols inside the schools.

He had alleged that as per "The Code of Regulation of Nursery and Primary Schools", wherein chapter IV, Rule 14(ii) had specified the dress code for both boys and girls, every school must maintain such dress code for all the students who are studying in it. "But in reality, the same is not been followed," he had claimed. 

Gopinath had asserted that as the name specifies it as "Uniform", which means nothing should be added and nothing should be reduced, the dress code should be strictly adhered to.

Gopinath's plea read, "I am filing this writ petition in public interest to avoid the conflict between religions (i.e.) Karnataka case in future, especially among school and college students. Every citizen has the right to practice their own religion as India is a secular State, but that right to freedom should not affect other citizens and it should not spoil the decorum of the uniformity inside the campus."

Gopinath had further reasoned that the add-ons like accessories, overdress like the hijab and other religious symbols create a mess on the disciplined, learning. environment and pave way for the inequality among the students.

"Prescription of school dress code is for maintaining the decorum and for the betterment of the students and it does not rob off the autonomy of any human or students or their right to education in as much as they can wear any apparel of their choice outside the classroom," he had stated. 

Case Title: K. Gopinath v. The Director of School Education Department & Ors.