IN THE SUPREME COURT OF BANGLADESH HIGH COURT DIVISION

(SPECIAL ORIGINAL JURISDICTION)

Writ Petition No. 3817 of 2021. In the matter of:

An application under article 102 (2) of the Constitution of the People’s Republic of Bangladesh.

-And- In the matter of:

Shanti Gopal Halder and 168 others

...... Petitioners -Versus-

Bangladesh represented by the Secretary, Ministry of Health and Family Welfare and others.

. . . . .Respondents

Mr. M. Ashraf Ali with

Mr. Md. Shakhawat H Khan, Advocates

. . . For the petitioners.

Mr. Muhammad Khalequzzaman Bhuiyan, Advocate

. . For the respondents No. 3-5.

Mr. Apurbo Kumar Biswas, AAG.

. . For the respondent No.8.

Present:

Mr. Justice J. B. M. Hassan and

Mr. Justice Razik Al Jalil

Heard on 03.01.2024, 16.01.2024, 17.01.2024, 13.03.2024 and Judgment on 18.03.2024.

J. B. M. Hassan, J.

The petitioners obtained the Rule Nisi in the following terms:

“Let a Rule Nisi be issued calling upon the respondents to show cause as to why the decision of the respondent No.4 communicated the same through press release vide memo No. 80.107.011.00.00.006.2017 (Awn-1)-76 dated 06.05.2018 issued by the respondent No.4, under the signature of the respondent No.5, cancelling the candidature of the petitioners (Annexure-D to the writ petition) as candidate for attending the viva voice

exam for the post of Senior Staff Nurse of the Directorate

General of Nursing and Midwifery under the Ministry of Health

and Family Welfare should not be declared to be without lawful

authority And as to why the respondents should not be directed

to allow the petitioners to participate in the viva voice

examination in continuation with the recruitment notice vide

memo No. 80.00.0000.301.073.01. 2017-273 dated 10.08.2017

(Annexure-B to the writ petition) of the recruitment process for

the remaining 946 posts of Senior Staff Nurse of the Directorate

General of Nursing and Midwifery under the Ministry of Health

and Family Welfare forthwith and/or pass such other or further

order or orders as to this Court may seem fit and proper.” Relevant facts leading to issuance of the Rule Nisi are that all the

petitioners completed their Bachelor of Science in Nursing with Honours from different Nursing Colleges under different public Universities of Bangladesh and successfully completing the comprehensive (pre-registration licensing) examination, they obtained registration to work as registered Nurse from the Bangladesh Nursing and Midwifery Council, (shortly, the BNMC). The Bangladesh Public Service Commission (BPSC) published a recruitment notice on 10.08.2017 for recruitment of Senior Staff Nurse. Pursuant to said notice, having the educational qualification (Bachelor of Science in Nursing) the petitioners along with others participated in the recruitment process and appearing in the examination of Multiple Choice Questions (MCQ), they became qualified to appear in the next Viva Voce Examination. But before appearing for the Viva Voce Examination, the impugned public notice was published on 06.05.2018 cancelling candidature of the candidates who appeared in the Registration Examination of BNMC after 30.08.2017. Thereby the petitioners were debarred from appearing in the Viva-Voce Examination on the plea that they appeared in the BNMC Registration Examination after the cut off date, 30.08.2017. In this backdrop, the petitioners filed this writ petition and obtained the present Rule Nisi.

By filing supplementary affidavit, the petitioners also state that on similar footing 05(Five) candidates were allowed to appear in the Viva-Voce Examination although they got registration from the Bangladesh Nursing and Midwifery Council (the Council) after 30.08.2017.

The BPSC as respondents No. 3-5 appearing in the Rule Nisi have filed an affidavit in opposition contending, inter alia, are that 05(five) candidates mentioned by the petitioners applied to the BPSC to re-check their papers relating to appearing in the Board of final examination. Aft