AWOOF
VS.
JANADIPATHI BALIKA VIDYALA AND OTHERS

SUPREME COURT
MOHAN PIERIS, PC, CJ.
SRIPAVAN, J.
JAYAWARDENE, PC, J.
SC FR 140/2014
JULY 24, 2014

Constitution Article 12(1) -Equal protection of the law- Dress code -C Muslim children dress code as prescribed by school authorities -Mothers visiting schools - Dress code.

Held:

(1) Students shall adhere to take cognizance of the traditional attire worn by Muslim children provided the child's personal identity, her facial features are clearly visible.

Per Mohan Pieris, PC CJ.

"This Rule shall apply to the mothers or any other agent entering the school premises. The school authorities will be entitled to deny entry to school to any person who does not comply with the aforementioned requirement."

Directions issued:

The Minister of Education is directed to take steps to ensure that the principals, the Educational Administrative Authorities, provincial educational Authorities and teachers shall and all schools to take due cognizance of the need to respect and protect the diverse cultural traits and values of all children and parents who attend State Schools and to ensure equal protection of the law to all of them.

APPLICATION under Article 126 of the Constitution.

M. M. Zuhair, PC with H. Farisz for the petitioner.

Manohara de Silva, PC with Pubuduni Wickramaratne for the 1st and 2nd Respondents.

Thishya Weragoda for the 3rd, 4th and 7th Respondents.

S. Rajaratnam DSG for the 5th, 6th and 8th Respondents.

Cur.adv.vult

June 24, 2014
MOHAN PIERIS, PC, CJ.

Counsel for the parties inform Court that a consensus has been reached with a view to a mutually satisfactory resolution of this matter. It is agreed that the Petitioner would be free to be attired in traditional dress similar to what is shown in exhibit P11 and P11A on her visits to the school. The exhibits P11 and P11A will form part of this order.

The Registrar is directed to annex to this order, the documents P11 and P11A. The students however shall adhere to the dress code prescribed by the School authorities, who are advised to take cognizance of the traditional attire worn by Muslim children provided the child's personal identity, her facial features are clearly visible. This rule shall apply to the mothers or any other agent entering the school premises.

The school authorities will be entitled to deny entry to any person who does not comply with the aforementioned requirement.

The Minister of Education is hereby directed to take steps to ensure that the Principals, the Educational Administrative

Authorities and teaching staff take due cognizance of the need to respect and protect the diverse cultural traits and values of all children and parents who attend State schools and to ensure equal protection of the law to all of them. This order also applies to the provincial schools. The Minister therefore is also directed to convey this order to the Provincial Educational Authorities.

Subject to the aforementioned, these proceedings are terminated.

SRIPAVAN, J. - I agree.

JAYAWARDENA, PC, J. - I agree.

Directions issued.