IN THE SUPREME COURT OF BANGLADESH

HIGH COURT DIVISION

(SPECIAL ORIGINAL JURISDICTION)

Writ Petitions No. 421 of 2024 In the matter of:

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

-And-

In the matter of:

Pervin Akhter and another

...... Petitioners -Versus-

Government of the People’s Republic of Bangladesh represented by its Secretary, Secondary and Higher Education Division, Ministry of Education and others.

..... Respondents Mr. Shameem Sardar with

Ms. Iffath Ara Khanam, Advocates

. . . . For the petitioners.

Mr. Mustafizur Rahman Khan, with

Mr. Saidul Haque Sumon and

Mr. Jahirul Islam, Advocates

. . . For the added respondents No.8-43 With

Writ Petition No. 3903 of 2024.

Md. Zia Mahiuddin and 119 others.

. . . . petitioners

-Versus-

Government of the People’s Republic of Bangladesh represented by its Secretary, Secondary and Higher Education Division, Ministry of Education and others.

Mr. Mustafizur Rahman Khan, with

Mr. Saidul Haque Sumon and

Mr. Jahirul Islam, Advocates

..... For the petitioners.

Mr. Kazi Mynul Hassan, DAG with

Ms. Farhana Parveen Bithi, AAG and

Mr. Kalipada Mridha, AAG and

Mr. Apurbo Kumar Biswas, AAG

. . . For the respondent No.1 in

both the writ petitions.

Mr. Muhammad Rafiul Islam, Advocate

-------- For the respondent No. 5 (VNSC) in both the writ petitions.

Present:

Mr. Justice J. B. M. Hassan and

Mr. Justice Razik Al Jalil

Heard on 12.05.2024, 13.05.2024, 15.05.2024, 19.05.2024 and Judgment on 21.05.2024.

J. B. M. Hassan, J

These 02(two) writ petitions involve similar questions of law and facts. Hence, they have been heard together and are being disposed of by this common judgment.

The petitioners, namely, Pervin Akhter and Shayma Goswami have filed writ petition No. 421 of 2024 challenging inaction of the respondents in taking action/ step regarding the applications dated 10.12.2023 and 17.01.2024 filed by the petitioners and seeking a direction upon the respondents to cancel admission of the disqualified students beyond age limit admitted to Class-I of the Viqarunnisa Noon School and College through admission result, 2024 (Annexures-D, D1, D2, D3, D4, D5, D6, D7, D8 and D9 to the writ petition) and also to fill up the vacant seats by the qualified students from the waiting list in pursuance of the circulars dated 17.10.2023 and 19.10.2023 (Annexures-B and C to the writ petition).

During pendency of the Rule Nisi the respondent No.2 i.e the Director General, Secondary and Higher Education Directorate, Dhaka (the Directorate) issued an office order dated 22.02.2024 cancelling admission of 169 students. Challenging the said order 120 parents of those students filed writ petition No. 3903 of 2024 and obtained the Rule Nisi.

Facts involved in the writ petition No. 421 of 2024 precisely are that the respondent No.3 i.e the Director (Secondary) of the Directorate issued a general admission circular on 17.10.2023 for admitting students in different classes including Class-I for the sessions 2024 (01.01.2024 to 31.12.2024) in the Secondary Schools under Metropolitan, all Districts Sadar and Upzilas. Following the said circular, the Principal of the Viqarunnisa Noon School and College, Dhaka (the VNSC) published a notice on 19.10.2023 furnishing the information regarding vacant seats in the VNSC in different classes and also required age limit of the aspirant students, in particular, for Class-I the age limit was 01.01.2017 to 31.12.2017. In pursuance of the aforesaid circular, the petitioners’ daughters along with others participated in the admission process through online platform. The admission process was conducted by the Director General of the Directorate (respondent No.2) through random selection (lottery) and the result was published on 28.11.2023. Pursuant to the final result prepared by the DG, the VNSC published the names of finally selected students on 02.12.2023 wherein the petitioners’ daughters appeared in the 1st waiting list. O