The High Court has thrown out an application by Mr Mohammed Ismail, in which he sought an application on behalf of his son who was barred from attending lessons for refusing to shave his beard at St John’s College.
Mr Ismail took St John’s College to court arguing that their decision was unconstitutional and discriminatory.
Justice Alphas Chitakunye dismissed the application and said the pupil should abide by the school regulations in order to maintain the private school’s objectives and ethos.
“The Code of Conduct applied to all the learners alike and did not discriminate on any ground. The school in effect expected every pupil to maintain the ‘St John’s College’ educational and ethical standards as espoused in the Code of Conduct.
“Even if the application had been a declaration against the provisions in the code of conduct that would not have succeeded as I am of the view that it is for the pupil to conform to school regulations and not to school regulations to conform to individual pupil’s belief and standards no matter how dearly one holds to such beliefs, “he said.
Professor Lovemore Madhuku acted for Mr Mohammed Ismail, while Gill, Godlonton and Gerrans were representing St John’s College, Cavaliere Coordado Trinci, Steve Martin and Ministry of Primary and Secondary Education.
The judge also said as long as the regulations would not contravene constitutional provisions the parties must respect the sanctity of their contract. Herald
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