IN THE SUPREME COURT OF BANGLADESH HIGH COURT DIVISION

      (SPECIAL ORIGINAL JURISDICTION)

Writ Petition No. 11405 of 2022. 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:

Dr. Sheikh Shaiful Alam Shaheen.

...... Petitioner

-Versus-

Bangladesh represented by the Secretary, Ministry of Education and others.

.    . . . . Respondents.

 Mr. Md. Shahidul Islam, Advocate

. . . For the petitioner.

Mr. Md. Abdul Quiyam with

Mr. Abdullah Al Mamun, Advocate

. . .For the respondent No.07.

              Present:

Mr. Justice J. B. M. Hassan                and

Mr. Justice Razik Al Jalil   

Heard and Judgment on 07.03.2024.

J. B. M. Hassan, J.

The petitioner 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 memo No. College Shakha/Dhaka Mahanagari/107916/2200872 dated 15.09.2022 issued by the respondent No.3 under the signature of the Inspector of College (respondent No.4) approving the Governing Body of Shahid Zia Girls School and College, Jatrabari, Dhaka constituting  the respondent No. 7 as President in violation of Regulation 5(2) and 5(3) of the Secondary and Higher Secondary Education Board, Dhaka (Governing Body and Managing Committee) Regulations, 2009 (Annexure-H to the writ petition) should not be declared to have been issued 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.”

Relevant facts leading to issuance of the Rule Nisi are that in order to

constitute a Governing Body of the Shahid Zia Girls School and College,

Jatrabari, Dhaka (the College), the Presiding Officer declared uncontested

eight members of guardian category/ teachers category by his memo dated

01.08.2022 (Annexure-D to the writ petition). Thereafter on 04.08.2022, the

Principal of the College sent the proposal of 3 (three) names for the Post of

President to be nominated by the Secondary and Higher Secondary

Education Board, Dhaka (shortly, the Board) in accordance with regulation

5(3) of the “gva¨wgK I D”P gva¨wgK wkÿv †evW©, XvKv (gva¨wgK I D”P gva¨wgK ¯Í‡ii †emiKvwi wkÿv cÖwZôv‡bi MfwY©s ewW I g¨v‡bwRs KwgwU) cÖweavbgvjv, 2009Ó (the Regulations, 2009). But the Chairman of the Board, (respondent No.3) by

the impugned order dated 15.09.2022 approved the Committee nominating

the respondent No.7 (Md. Shantanur Khan) as President of the Governing

Body. This nomination led the petitioner to file this writ petition. 

On the other hand, Mr. Abdullah Al Mamun, learned Advocate for the

respondent No. 7 although has filed an application for discharging the Rule

but no affidavit in opposition was filed on his behalf.

Mr. Md. Shahidul Islam, learned Advocate for the petitioner submits

that the regulation 5(3) of the Regulations, 2009 provides that the President

of the Governing Body shall be nominated by the Chairman of the Board

from a three member list to be sent by the Principal of the College upon

consultation with the local Member of Parliament and other concerned

persons as mentioned in the said Regulations. Although the list was sent by

the Principal mentioning names of three persons including this petitioner but

the Chairman of the Board ignoring the said list nominated the respondent No.7 from his own choice. Thus, the nomination of President of the Governing Body was made in violation of law and as such, can not sustain in the eye of law.

Mr. Md. Abdul Quiyam learned Advocate for the respondent No.7 has drawn our attention to the Annexures-E and F to the writ petition and he contends that although the Regulations incorporated provision empowering the Principal of the College to prepare a list of three persons inconsultation with the local Member of Parliament (MP) and other concerned persons but D.O letter of the MP as forwarded by the Principal (Annexure-E and F) show that the petitioner was chosen alone for nomination as President. Thus, the list prepared by the Principal was not done in accordance with regulation 5(3) of the Regulations, 2009. He further contends that the nomination of President by the Chairman of the Board under the impugned letter although violates the legal provision, at the same time the list prepared by the Principal has also violated the regulation 5(3) of the Regulations, 2009. In the circumstances, a fresh list has to be prepared by the Principal in accordance with regulation 5(3) of the Regulations, 2009.

We have gone through the writ petition and other materials on record as well as the relevant legal provisions. 

To settle the issue raised under this Rule Nisi, let us first read the relevant legal provision of regulation 5(3) of the Regulations, 2009 which runs as follows:

“5 (3) Dc-cÖweavb (2) Gi Aaxb D”P gva¨wgK ¯Í‡ii †emiKvwi wkÿv cÖwZôvb

e¨ZxZ Ab¨vb¨ D”P gva¨wgK ¯Í‡ii †emiKvwi D”P gva¨wgK wkÿv cÖwZôv‡bi MfwY©s

ewWi mfvcwZ g‡bvbq‡bi j‡ÿ cÖwZôvb cÖavb, ¯’vbxq wbe©vwPZ msm` m`m¨ I wkÿvbyivMx e¨w³M‡Yi mwnZ Av‡jvPbvµ‡g, msiwÿZ Avm‡bi RvZxq msm` m`m¨,

¯’vbxq RbcÖwZwbwa cÖ_g ‡kÖYxi miKvix Kg©KZ©v, miKvwi ev ¯^vqZ¡kvwmZ ms¯’vi AemicÖvß cÖ_g †kÖYxi Kg©KZ©v, ¯’vbxq wkÿvbyivMx e¨w³ ev ¯’vbxq L¨vwZgvb mgvR‡meKM‡Yi ga¨ nB‡Z wZbRb e¨w³i bvg I Rxeb-e„ËvšÍ †ev‡W©i wbKU †cÖiY

Kwi‡eb Ges †ev‡W©i †Pqvig¨vb D³iæc cÖ¯ÍvweZ e¨w³M‡Yi ga¨ nB‡Z Zvnvi we‡ePbvgZ GKRb‡K mfvcwZ g‡bvbxZ Kwi‡eb|

Z‡e kZ© _v‡K †h, GB Dc-cÖweav‡bi Aaxb †Kvb Kg©KZ©v ev e¨w³‡K `yBwUi

AwaK D”P gva¨wgK ¯Í‡ii †emiKvwi wkÿv cÖwZôv‡bi mfvcwZ c‡` g‡bvbqb cÖ`vb

Kiv hvB‡e bv|Ó 

On a plain reading of the aforesaid provision, it is clear that the

Principal of the College upon consultation with the local Member of Parliament (MP) and Education interested persons, shall prepare a list of three persons from member of parliament from reserved seat, local public representatives, 1st class Officer or any retired 1st class government officer or any autonomous establishment or local education interested person or local reputed social worker. Thus, it is clear that the nomination to be made by the Chairman of the Board among three persons to be sent by the Principal of the College in accordance with aforesaid provision. It is apparent that under the impugned order the respondent No.7 was not nominated from the said list and so his nomination, on the face of it, was illegal having no sanction in accordance with regulation 5(3) of the Regulations, 2009.

At the same time, we also find that the list prepared by the Principal is carrying a Demi-Official (D.O) letter issued by the local Member of Parliament and that Principal stated in his forwarding that the local Member of Parliament selected only the petitioner for the post. Thus, from the list and the D.O letter, we are also of the view that it was not prepared on observance of required procedure under regulation 5(3) of the Regulations, 2009. Although, learned Advocate for the petitioner submits that the Principal sent the list without D.O letter through online but Annexure-E and F submitted by the petitioner himself show that those letters were forwarded to the Chairman of the Board in order to make influence for nomination of the petitioner. Therefore, the present list sent by the Principal has not been prepared in accordance with the regulation 5(3) of the Regulations, 2009 and so, it needs to prepare a fresh list.

Be that as it may, it appears that the members of the Governing Body were elected on 01.08.2022. Among them 04(four) members are from the teachers and other 04(four) members are from the guardians. Two guardian members are from the students of class XI and XII who are apparently no more students in the College. Considering the above, we are of the view that there being need of a fresh election for constituting regular Governing Body and in the meantime to meet the interim period, an Ad-hoc committee is necessary.

In the circumstances, we find merit in this Rule Nisi.

In the result, the Rule is made absolute. The memo No. College Shakha/Dhaka Mahanagari/107916/2200872 dated 15.09.2022 issued by the respondent No.3 under the signature of the Inspector of College (respondent No.4) approving the Governing Body of Shahid Zia Girls School and College, Jatrabari, Dhaka nominating the respondent No. 7 as President in violation of Regulation 5(2) and 5(3) of the Secondary and Higher Secondary Education Board, Dhaka (Governing Body and Managing Committee) Regulations, 2009 (Annexure-H to the writ petition) is hereby declared to have been issued without lawful authority and is of no legal effect.

The Board is directed to appoint an Ad-hoc Committee in accordance with regulation 39 of the Regulations, 2009 within 30(thirty) days from the date of receipt of a copy of this Judgment and Order in order to constitute a regular Governing Body.

Communicate a copy of this judgment and order to the respondents at once. 

Razik Al Jalil, J                                                          I agree.