IN THE SUPREME COURT OF BANGLADESH HIGH COURT DIVISION

(SPECIAL ORIGINAL JURISDICTION)

WRIT PETITION NO. 2490 of 2022

IN THE MATTER OF:

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

-AND-

IN THE MATTER OF:

Md. Siddiqur Rahman and another

………..Petitioners

-Versus-

Secretary, Medical Education and Family Welfare Division, Ministry of Health and Family Welfare, Government of the People’s Republic of Bangladesh, Bangladesh Secretariat, Ramna, Dhaka and others

...........Respondents

Mr. Md. Imam Hossain, Advocate with

Mr. Md. Selim Hasan, Advocate

……...For Petitioners

Mr. B. M. Elias Kachi, Advocate with

Mr. Dipayan Saha, Advocate

..For Respondent No. 1 Mr. Jyotirmoy Barua, Advocate with

Mr. Suprokash Datta, Advocate

...For Respondent No. 9 Mr. Fida M. Kamal, Senior Advocate with Mr. Syed Haider Ali, Advocate, with

Mr. S. M. Quamrul Hasan, Advocate and Mr. Md. Mashiur Rahman (Riad), Advocate

….For Respondent Nos. 13

Heard on: 14.03.2023, 15.03.2023,

11.06.2023&19.06.2023 Judgment on: 21.06.2023

Present:

Mr. Justice Mahmudul Hoque

&

Mr. Justice Md. Mahmud Hassan Talukder

Mahmudul Hoque, J:

In this application under Article 102 of the Constitution of the People’s Republic of Bangladesh, a Rule Nisi under adjudication was issued on 01.03.2022 in the following terms:

“Let a Rule Nisi be issued calling upon the respondents to show cause as to under what authority the respondent No. 13 is holding the post of Deputy Registrar of Bangladesh Nursing and Midwifery Council (BNMC) and as to why inaction of the respondent Nos. 1 to 9 and 14 in taking necessary actions against the respondent No. 13 and the Selection Committee consisting of respondent Nos. 10 to 12 for adopting unlawful and corrupt means by abusing their positions as public servants in the recruitment process of respondent No. 13 in the post of Deputy Registrar of Bangladesh Nursing and Midwifery Council (BNMC) should not be declared to be without any lawful authority and is of no legal effect and/or such other or further order or orders passed as to this Court may seem fit and proper.”

Facts necessary for disposal of the Rule Nisi in short are that,

Bangladesh Nursing and Midwifery Council (“BNMC”) is the

statutory body which governs and administer the responsibilities that

was conferred upon it vide evsjv‡`k bvwms I wgWIqvBdvwi KvDwÝj AvBb, 2016 including nursing and midwifery education and practices.

BNMC has the authority to affiliate such institutions who provide the

academic courses and training programmes for nursing, midwifery

and allied courses like community paramedics. Therefore, the

involvement and role of BNMC is indispensable in enhancing nursing service by leading the profession towards constituting a significant force in the health care delivery system for achieving the goal‘Health for All’ congruent with national health goals of the Government.

Bangladesh Nursing Council issued an Advertisement Notice for appointment contained in memo No. weGbwm/2016/567dated 07.09.2016 under the signature of respondent No. 11 for appointment in the posts of ‘Deputy Registrar’, ‘Assistant Programmer’ and ‘Receptionist’ (Annexure-A to the Writ Petition). In order to complete the appointment procedure a 3 (three) member committee comprising respondent Nos. 10, 11 and 12 was formed. However, from the minutes of the Selection Committee dated 07.10.2016, it transpires that only 2 (two) members i.e. respondent Nos. 11 and 12 put their signatures in the said resolution but the Convener of the said committee, respondent No. 10, did not sign the resolution which indicates that the selection of the candidates, including the ‘Deputy Registra