Home Today's Paper Most Popular Video Gallery Photo Gallery
Subscription Blog Signin Register
Logo
Wednesday, April 25, 2018 11:01:27 AM
Follow Us On: Facebook Twitter Twitter Twitter Twitter

In appointment of teachers, decision of the Management Committee is not challengeable

By
10th-Dec-2016       
Comments
Share your thought
Post a comment »
Read all () »

High Court Division :
(Special Original Jurisdiction)
Md Ashfaqul
Islam J
Zafar Ahmed J

Ahsanullah (Md) ……….
……………….Petitioner
vs
Bangladesh represented by the Secretary Ministry of Education and others .......... Respondents
Judgment
February 25th, 2016
Constitution of Bangladesh, 1972 Article 102(2)
The propositi6n of law that the decision of Managing Committee cannot even be challenged indirectly has been well-founded by a series of decisions of the Appellate Division and this Division. This is no longer a resintegra. The appointment in question was made in the year 2004 and hence we found no earthly reason why the petitioner had to wait for the report and then he filed this petition. This propensity is preposterous. It seems that from the date of the appointment in question back in ·the year 2004 he kept his grievances dormant.
But with the issuance of the Annexure-'H' which is merely a report he made a sudden leap to Article 102. This is a feeble effort on his part only to try a luck to achieve something indirectly which he directly could not achieve. Law does not permit to achieve something indirectly which one cannot earn directly. . ..... (6)
Chairman, Governing Body Bangladesh Rifles School and College vs Md Golam Kibria, 15 MLR (AD) 497; Nure Alam Jahangir (Md) vs Government of Bangladesh, 60 DLR (AD) 12; Deen Mohammad vs Government of Bangladesh, 14 BLD (AD) 142 and  Fazlur Rahman Akhond vs Government of Bangladesh, 52 DLR (AD) 116 ref.
Aminul Haque, Senior Advocate, Md Zafar Ali with Elida Yeasin, Advocates - For the Petitioner.
Md Humayun Kabir, Advocate-For Respondent No.4.
M Nazrul Islam Khandaker, Advocate - For Respondent No.5 .
Judgment
Md Ashfaqul Islam J : At the instance of the petitioner, Md Ahsanullah, this Rule Nisi was issued in the following terms:
"Let a Rule Nisi be issued calling upon the respondents to show cause as to why the respondents shall not be directed to take necessary action in pursuance of the Audit Report conducted by the Inspection and Audit Department, Ministry of Education containing Memo No. ¯§viK bs wWAvBG/wc‡ivRcyi/1113-Gg/Lyjbv-1829 dated 13-2-2011 (Annexure-"H") which reveals unlawful appointment of respondent No.5 as an Assistant Professor instead of the petitioner of Gonman Sohagdal Salehi Fazil Madrasa, Upazilla, Nesarabad, District-Perojpur".
2. The averments made in the petition leading to the Rule are as under :-
The petitioner Md Ahsanullah was an Assistant Moulavi of Dumuria Nesari Senior Alim Madrasa under Upazilla Najirpur, District- Pirojpur who joined in service on 1-8-1995. He served in the aforesaid Madrasa till 21-5-2000 with the full satisfaction of all concerned including the students, teachers, governing body and guardians of the Madrasa. In response to an advertisement made by the Respondents No.3 Gonman Sohagdal Salehia Fazil Madrasha for the post of a lecturer (Arabic), the petitioner applied as one of the candidates for the said post and after interview he was selected for the same and accordingly he was given appointment letter on 22-5-2000.
3. It has been further stated that the respondent No.5 Moulana Md Shihab Uddin was appointed who joined as an Assistant Moulovi on 5-3-1996 in the aforesaid Gonman Sohagdal Salehia Fazil Madrasa who was junior in service to the petitioner by 7 months 4 days since the petitioner joined the same service on 1-8-1995. By a resolution of the Managing Committee of respondent No.3 dated 3-6-2004 the said respondent No.5 was promoted to the post of Assistant Professor superseding the petitioner though the petitioner was senior to him in service and was illegible in all respect to get promotion in preference to said Respondent without having any good and legal reason whatsoever.
Against the said decision the present petitioner being aggrieved made representations on 5-6-2004 to the Principal of the Madrasha but no action was taken on the representation. Since thereafter both the petitioner and the respondent No.5 continued in their respective Job. The petitioner being aggrieved by the appointment of respondent No.5 all of a sudden moved this petition and obtained the present Rule. Be it mentioned that the audit report dated 13-2-2011 (Annexure-'H") reveals:
জ্যেষ্ঠতা অনুযায়ী জনাব মুহাম্মদ আহসানউল্লা সহকারী অধ্যাপকেরা স্কেল প্রাপ্য ছিলেন। কিš' মাদ্রাসা পরিচালনা কমিটি জ্যেষ্ঠ প্রভাসক জনাব মুহাম্মদ আহসানউল্লাকে সহকারী অধ্যাপক পদে পদোন্নতি না দিয়ে মোঃ শিহাব উদ্দিনকে সহকারী অধ্যাপক পদে পদোন্নতি প্রদান করা হয়। যাহা বিধিসম্মত হয়নি। এ জন্য তৎকালীন প্রতষ্ঠিান প্রধান ও পরিচালনা কমিটি দায়ী। বিষয়টির প্রতি মন্ত্রণালয়ের দ"ষ্টি আকর্ষণ করা হয়।
This report was done by, the Director, Inspection and Audit, Ministry of Education, Government of the Peoples Republic of Bangladesh, Dhaka who sent the report on 13-2-2011 (Annexure-"H").
This is the background of the case.
4. Mr Aminul Hoque, the learned Senior Advocate appearing with Mr Md Zafar Ali, the learned counsel for the petitioner after placing the petition, the Audit Report dated 13-2-2011 (Annexure-H) and other materials on record mainly sought for a direction upon all the respondents to take necessary action in pursuance of Audit Report dated 13-2-2011 (Annexure-H) which mainly reveals unlawful appointment of respondent No. 5 as an,  Assistant Professor instead of the petitioner of the esteem Madrasa. In elaborating his submissions the learned senior counsel submits that though the respondent No.5 was junior to the petitioner and this fact has been supported by the Audit Report (Annexure-H), the appointment of the respondent No. 5 by a resolution of the Managing Committee of the esteem Madrasa dated 3-6-2004 was illegal in all respect which should be declared to have been done without any lawful authority and is of no legal effect.
5. Respondent No. 4 is the Managing Committee of the esteem Madrasa and has been represented by Mr Humayun Kabir, the learned counsel who has filed affidavit-in-opposition. And respondent No.5 has been represented by Mr M Nazrul Islam Khandakar, the learned counsel who opposes the Rule filing affidavit-in-opposition And respondent No. 5 has been represented by Mr M Nazrul Islam Khandakar, the learned counsel who opposes the Rule filing affidavit-in-opposition.
The bone of their contention is similar. Mr Humayun Kabir has drawn our attention to paragraph 10 of the affidavit-in-opposition where the reasons justifying no maintainability of the instant Writ Petition have been detailed. Besides, on the question of maintainability the learned counsel has cited several decisions viz Chairman, Governing Body Bangladesh Rifles School and College vs Md Golam Kibria 15 MLR (AD) 497, Nure Alam Jahangir (Md) vs Government of Bangladesh 60 DLR (AD) 12, Deen Mohammad vs Government of Bangladesh 14 BLD (AD) 142. Further on the question of filing of the Writ Petition at a belated stage, terming it to be unsustainable, he placed reliance on the decision of Fazlur Rahman Akhond (Md) vs Government of Bangladesh 52 DLR (AD) 116.
6. We have heard the learned counsel of both sides and considered their submissions. The proposition of law that the decision of Managing Committee cannot even be challenged indirectly has been well-founded by a series of decisions of the Appellate Division and this Division. This is no longer a resintegra.
The appointment in question was made in the year 2004 and hence we found no earthly reason why the petitioner had to wait for the report (Annexure- H) dated 13-2-2011 and then he filed this petition under Article 102 of the Constitution. This propensity is preposterous. It seems that from the date of the appointment in question back in the year 2004 he kept his grievances dormant. But with the issuance of the Annexure-'H' which is merely a report he made a sudden leap to Article 102. This is a feeble effort on his part only to try a luck to achieve something indirectly which he directly could not achieve. Law does not permit to achieve something indirectly which one cannot earn directly.
7. That being the position, we are of the view that this Writ Petition itself is not maintainable on the basis of the discussion as made above.
8. In the result, the Rule is discharged, however, without any order as to cost. Communicate this judgment order at once.

Tariff
Add Rate

News Archive

Inside The New Nation

Sports »

Senior Operative Director (Head of Games & Sports Department) of Walton Group FM Iqbal Bin Anwar Dawn (second from left) speaking at a press conference at the Club House in Army Golf Club on Tuesday.


Entertainment »

Sonakshi Sinha in Malaysia


Happy Bhag Jayegi took the audience by surprise two years ago when it turned out to be a laughter riot with its hilarious plot and impressive acting by its lead cast. Diana Penty stood out in it and was appreciated for her performance. It was a hilarious story of how ...

Editorial »

Police must not feel free to abuse police power against police discipline


A MOTORCYCLE was stolen from in front of a high police official's residence last week. Motorbikes are the easiest target for thieves. They either stealthily take away the bikes or stop the riders at night and snatch away their bikes. Sometimes, the bikers are knifed or beaten up. Last year, ...

International »

Dinner over, Trump, Macron get down to business


AFP :After a friendly dinner at a US landmark, US President Donald Trump and his French counterpart Emmanuel Macron were to get down to business Tuesday on divisive issues like the Iran nuclear accord and international trade.They were to meet face to face for half an hour, and then again ...

Editorial »

Justice delayed justice denied


FIVE years have elapsed after the Rana Plaza collapse in Savar which is known as deadliest garment-factory accident in history, as well as the deadliest structural failure in the modern human history. At least 1136 garment workers were killed on the spot and 1169 received severe injuries when the multi-storied ...

Cricket »

Shakib, Tamim to play for ICC World XI against West Indies


Bangladeshi all-rounder Shakib Al Hasan and top order batsman Tamim Iqbal have been included in the ICC World XI to play West Indies team in a one-off T20I match at Lord's on May 31.The match is being organised to raise fund for the reconstruction of stadiums that were damaged in ...

Sports »

(Left to right)) Uttam Mundy, CEO, PGTI; Arshi Haider, Chairman of bti; Siddikur Rahman, Professional Golfer; Asif Ibrahim, President, BPGA; Johnson Poh, Professional Golfer, Honey Baisoya, Professional Golfer unveiling the bti Open 2018 Trophy on Monday.


Entertainment »

Shilpa Shetty Kundra is Inspirational Celebrity of the Year


A successful wellness guru Shilpa Shetty Kundra is one of cinema’s most loved names. Her rise has nothing short of meteoric. This actress turned entrepreneur has to her credit successful yoga DVDs, a health and fitness channel is also a top-selling selling author of two books based on her mantra ...

Entertainment »

Richa Chadha’s new song look inspired by Parveen Babi’s Jawani Janeman


Actress Richa Chadha is considered to be the front-runner in Bollywood for experimenting with her looks and character in the films she does. Right from playing an old woman Nagma Khatoon in her first commercial success hit, Gangs of Wasseypur series to her soon to release film Daasdev, Richa has ...

City »

President Abdul Hamid receiving an annual audit report from a delegation led by Auditor and Comptroller General Masud Ahmed at Bangabhaban on Monday.


International »

Child rape case heightens India`s Hindu-Muslim divide


AFP, Jammu :The internet is being cut for hours on end in Jammu as authorities try to halt protests that have grown in the Kashmir winter capital since the rape-murder of an eight year old girl opened a new front in India's Hindu-Muslim divide.With near daily protests held across the ...

Editorial »

Govt must answer what happened to the force disappearances


MEMBERS of around 80 families joined a programme under the banner of "Mayer Daak", a platform of disappearance victims' family members, from across the country on April 21st, as per report of a local daily. Speaking at the event, supported by rights activists, family members slammed the state for denying ...

Entertainment »

Alia Bhatt spies on movie goers


Raazi trailer was launched recently. Last week, in partnership with FB & PVR, Alia spied on theatre audiences watching the trailer on the theatre screen and appeared on a two-way facebook LIVE in front of them and interacted with the audience as they could both see each other. This was ...

Football »

Neymar to be at peak of powers at World Cup: Ronaldinho


Xinhua, Rio De Janeiro :Brazil legend Ronaldinho has backed compatriot Neymar to make a full recovery from foot surgery in time for the World Cup in Russia.Neymar has been sidelined since suffering a cracked fifth metatarsal in his right foot while playing for Paris Saint-Germain in late February.He underwent surgery ...

International »

Iran threatens to `vigorously` resume enrichment if US quits deal


AFP, New York : Iran warned Saturday it is ready to "vigorously" resume nuclear enrichment if the United States ditches the 2015 nuclear deal, and said further "drastic measures" are being considered in response to a US exit.Iranian Foreign Minister Mohammad Javad Zarif told reporters in New York that Iran ...

 
Items that you save may be read at any time on your computer, iPad, iPhone or Android devices.
 
Are you new to our website? Do you have already an account at our website?
Create An Account Log in here
Email this news to a friend or like someone
Email:
Write a comment to this news