IN THE SUPREME COURT OF BANGLADESH HIGH COURT DIVISION

(SPECIAL ORIGINAL JURISDICTION)

Writ petition No. 8128 of 2022

IN THE MATTER OF:

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

-And-

IN THE MATTER OF:

Faizul Haque

                 …Petitioner -Versus-

The  Government  of  the  People’s  Republic  of Bangladesh, represented by the Secretary, Ministry of  Education,  Bangladesh  Secretariat,  Ramna, Dhaka and others                               ...Respondents

Mr. Md. Moniruzzaman Rana, Advocate

                            ….. For the Petitioner Mr. Sk. Shaifuzzaman, DAG

                              ……..For the respondents

Present:

Mr. Justice K.M. Kamrul Kader

           and

Mr. Justice Khizir Hayat

Heard and Judgment On: 02.07.2024 K.M. Kamrul Kader , J :

On an application under Article 102 of the Constitution of the People’s Republic of Bangladesh, this Rule Nisi was issued on 01.08.2022, in the following terms:

“Let a Rule Nisi be issued calling  upon the respondents

to show cause as to why the Memo No.  ¢hcÉ¡mu n¡M¡/Mymensingh/111672/2200974 dated 06.06.2022 issued under the signature of the respondent No.3 approving the Managing Committee of Shamgonj High School, Police Station and Upazilla- Gouripur, District- Mymensingh with the respondent No.6 as its Chairman (Annexure-A to the writ petition) should not be declared

to have been issued without lawful authority and is of no legal effect and/or such other or further order or orders pass as to this Court may seem fit and proper.”

Mr. Md. Moniruzzaman Rana, learned Advocate for the petitioner filed the instant writ petition challenging the Memo No. ¢hcÉ¡mu n¡M¡/Mymensingh/ 111672/2200974  dated  06.06.2022  issued  under  the  signature  of  the respondent  No.3  approving  the  Managing  Committee  of  Shamgonj  High School, Police Station and Upazilla- Gouripur, District- Mymensingh with the respondent No.6 as its Chairman (Annexure-A to the writ petition) wherein the  respondent  No.2,  Chairman  of  the  Secondary  and  Higher  Secondary Education  Board,  Mymensingh  recommend  the  local  Member  of  the Parliament  the  respondent  No.  6  was  shown  as  Chairman  of  the  said Managing Committee, due to this reason he filed this instant writ petition against the Managing Committee as it contradict with the decision of the judgment  and  order  passed  in  the  case  of  Bodruzzaman  Khan  (Md)  vs. Bangladesh and others reported in 20 BLC (2015) 658. The local Member of the Parliament can at best make a recommendation to the Principal of the Madrasha  in  the  consultative  process  under  the  regulation  5(3)  of  the Regulation 2009.

It is also stated in the case of S.M. Afzalul Haque –vs.- Government of Bangladesh, this Court observed that-

“q¡C­L¡VÑ ¢hi¡N Hhw j¡ee£u B¢fm ¢hi¡N Hl l¡u J B­cn fkÑ¡­m¡Qe¡u HV¡ L¡­Qyl ja Øfø ®k, ®hplL¡¢l ¢nr¡ fТaù¡e, g¡¢Sm J L¡¢jm j¡â¡p¡pq pLm ¢nr¡ fТaù¡­el Ni¢eÑw h¢X­a S¡a£u pwp­cl pÇj¡¢ea pcpÉNZ pi¡f¢a ¢qp¡­h ¢e­u¡N/j­e¡eue pw¢hd¡­el j§m E­Ÿ­nÉl p¢qa p¡wO¢oÑLz ph‹Ñe nЭÜu j¡ee£u pwpc pcpÉNZ­L S¡a£u …l¦aÅf§ZÑ BCe

fZÐu­e p¡hrÑ¢ZL ¢e­h¢ca b¡L­a quz HR¡s¡ Ni ¢eÑw h¢X pi ¡f¢al  fc  j¡ee£u pwpc

pcpÉ­cl jq¡e fc Hl p¡­b H­Lh¡­lC ¢hfl£az j¡ee£u pwpc pcpÉNZ a¡yl ¢ehÑ¡¢Qa

Hm¡L¡pq pjÙ¹ ®c­nl Eæu­e ¢e­h¢ca, Afl¢c­L Ni¢eÑw h¢Xl pi¡f¢a öd¤j¡œ Eš² f¢Ðaù¡­el Eæu­e ¢e­h¢caz”

Mr. Sk. Shaifuzzaman, learned Deputy Attorney General appearing on behalf of the respondents opposes the Rule and submits that the Rule has become infructuous as the impugned order has already been expired long before and prays for discharging the Rule as being infructuous.

It appears from the record that the respondent No.3 approved the said committee  with  the  respondent  No.6  as  its  Chairman  in  violation  of  the decisions of this Court by a Memo dated 06.06.2022 for a period of 02 years. We deprecate the propensity of the Respondents. However, in the meantime, the impugned  order  has already  been  expired  and  as  such,  the  Rule  has become infructuous.

Considering this aspect of the matter and the submission of the learned Advocate for the petitioner, it appears that the Rule has become infructuous.

Accordingly,  the  Rule  is  discharged  as  being  infructuous.  The respondent Nos. 2, 4 and 5 are directed to necessary steps for framing Ad-hoc Committee to conducting election of the Managing Committee of the said School forthwith, without fail.

Let the copy of this order be served upon all the respondents.

Khizir Hayat, J