IN THE SUPREME COURT OF BANGLADESH

HIGH COURT DIVISION

(SPECIAL ORIGINAL JURISDICTION)

WRIT PETITION No. 6625 OF 2023 In the matter of:

An application under article 102 of the Constitution of the People’s Republic of Bangladesh.

AND

In the matter of

Kamal Hossain and others

....Petitioners.

-Versus-

Government of Bangladesh, represented by the Secretary, Ministry of Education, Bangladesh Secretariat, Shahbagh, Dhaka and others

.....Respondents.

Mr. M. Mahbub Ali, Senior Advocate with Mr. Md. Sagir Anwar, Advocate with Mr. Muhammad Ali Murtaja, Advocate

......For Petitioners.

Mr. Bepul Bagmar, D.A.G.

For respondent-government. Mr. Masudur Rahman, Advocate

.. For respondent No.7.

Judgment on: 12.06.2024

Present:

Mr. Justice Md. Khasruzzaman

and

Mr. Justice K M Zahid Sarwar

Md. Khasruzzmaman, J.

On an application under article 102 of the Constitution, on 04.05.2023 the Rule Nisi was issued in the following terms:

“Let a Rule Nisi be issued calling upon the respondents to show cause as to why the decision of the Appeal and Arbitration Committee of the Board of Intermediate and

Secondary Education, Dhaka dated 25.09.2018 so far it relates to decision Nos. 12, 13, 14 and 15 (Annexure-G) giving approval of the decisions of the governing body of Birshrestha Munshi Abdur Rouf Public College, Pilkhana, Dhaka dated 04.03.2018 (Annexure-F) dismissing the petitioners from their

job and in pursuance thereto the letters under Memo No. BMARPC/76/2019 dated 10.01.2019, BMARPC/77/2019 dated 10.01.2019, BMARPC/78/2019 dated 10.01.2019, BMARPC/79/2019 dated 10.01.2019 (Annexures-H,H-1 , H-2

and H-3) issued under the signature of respondent No.7 dismissing the petitioners from their job permanently should

not be declared to have been issued without lawful authority and is of no legal effect and why the respondents should not

be directed to reinstate the petitioners in their respective posts in Birshrestha Munshi Abdur Rouf Public College, Pilkhana, Dhaka with full salaries and other benefits with arrears from

the month of November, 2017 and/or pass such other or further order or orders as this Court may seem fit and proper.” Facts summarized from the writ petition and the papers annexed thereto are that the petitioner Nos. 1 and 2 are the Assistant Professors of Physics and Botany of Birshrestha Munshi Abdur Rouf Public College, Pilkhana, Dhaka; petitioner No.3 is an Assistant Teacher of Art and History of the said college; petitioner No.4 is a Physical Education Teacher of the same college. They are discharging their duties with sincerity, honesty and with

satisfaction of the authority. It is stated that some rival groups are always trying to cause harm to the petitioners. In this connection, someone made complaint before the Principal of Birshrestha Munshi Abdur Rouf Public College, Pilkhana (in short, the college) against the petitioners stating