IN THE SUPREME COURT OF BANGLADESH

HIGH COURT DIVISION

(SPECIAL ORIGINAL JURISDICTION)

Writ Petition No. 9500 of 2021

IN THE MATTER OF:

An application under Article 102 of the Constitution of the People's Republic of Bangladesh.

AND

IN THE MATTER OF: Dilip Das (Student Guardian)

......….Petitioner Versus

The Government of Bangladesh and others

......….Respondents

Mr. Nihar Kanti Biswas, Advocate

….For the Petitioner Mr. Pankaj Kumar Kundu, Senior Advocate ….For the Respondent No. 8

Present:

Mr. Justice Md. Jahangir Hossain

And

Mr. Justice S. M. Masud Hossain Dolon

Heard on: 03.03.2024 & Judgment on: 11.07.2024

S.M. Masud Hossain Dolon, J:

On an application under Article 102 of the Constitution, the Rule Nisi has been issued in the following terms:

"Let a Rule Nisi be issued calling upon the respondents

to show cause as to why the impugned Memo No. 1748

dated 26.11.2020 issued by the Inspector of Colleges,

Board of Intermediate and Secondary Education, Dhaka

with reference to “j¡dÉ¢jL J EµQj¡dÉ¢jL ¢nr¡ ®h¡XÑ, Y¡L¡ Hl 15/11/2020 a¡¢l­Ml B¢fm Hä Bl¢h­VÊne pi¡l 17 ew ¢pÜ¡¿¹ (Annexure-I) shall not be declared to have been passed

without lawful authority and is of no legal effect and /or

pass such other or further order or orders as to this Court may seem fit and proper.”

Facts relevant for disposal of the Rule in short, are that the petitioner is a student guardian of Udayan Biddyapith Higher Secondary School, Gopalgonj and the school has also been enlisted as MPO. On 2003 Higher Secondary part was started, but still the Higher Secondary part has not been enlisted in MPO.

The petitioner made a representation before the Secretary, Ministry of Education and asserted that the name of the principal

has not yet been included in MPO scheme of the Government and

he has no experience as requires ­hplL¡l£ ¢nrL fË¢aù¡­el (ØL¥m J L­mS) SehmL¡W¡­j¡ J Hj,¢f,J e£¢aj¡m¡-2018z

After receiving such representation the Ministry of Education directed to the Chairman, Board of Intermediate and Secondary Education, Dhaka to verify the representation and take legal action. Then Inspector of Colleges, Board of Intermediate and Secondary Education directed to the Chairman of Governing Body of the school to appoint a headmaster who is a MPO holder in place of the non MPO principal.

Thereafter College Inspector Board of Secondary and Higher Secondary Education, Dhaka, by several letters requested to appoint a principal who is enlisted as MPO instead of present principal who is not enlisted in MPO. Finally on 05.02.2019 college inspector issued a letter to the principal (Acting) of the school directed to explain the reason within 7(seven) working days for disobeying the instructions of the Board dated 11.07.2018 and 01.10.2018. Otherwise, strict action will be taken against the principal (Acting) as per the rules including cancellation of teaching of the college.

Despite the above directions, the principal did not respond against which the petitioner filed writ petition in this Division. This Division after hearing the parties directed to the Ministry of Education to dispose of the petitioner’s representation within 60(sixty) days from the date of receipt of the copy of the order. Following the directions, Education Board formed an Ad-hoc committee thereafter the Ad-hoc Committee issued a show cause notice to the Principal of the college and subsequently removed him from the post of Principal and appointed Mr. Tapan Kumar Biswas, the senior most teachers as acting Headmaster unanimously. Subsequently, Principal Saroj Kanti Bain filed an appeal before the Chairman of the Secondary and Higher Secondary Education. The Chairman, Board of Secondary and Higher Secondary Education referred the application to the Appeals and Arbitration Committee for disposal. The Appeal and Arbitration Committee reviewed the complaint brought against the Principal Mr. Saroj Kanti Bain and decided to reinstate him in his post along with payment of dues and directed th