Home Today's Paper Most Popular Video Gallery Photo Gallery
Subscription Blog Signin Register
Logo
Wednesday, July 26, 2017 12:53:51 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       Readers ( 437 )   0 Comments
Comments
Share your thought
Post a comment »
Read all (0) »

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.

0 Comments. Share your thoughts also.
Write a comment
Tariff
Add Rate

News Archive

Inside The New Nation

Editorial »

HSC results: Fall in pass rates fall in standard too


THE results of this year's HSC examinations saw a significant fall in both the success rate and the number of highest achievers due to the introduction of a new evaluation method, students' poor performance in English and shocking performance of students of Comilla Board. The overall pass rate of Higher ...

Cricket »

Mahmudullah Riyad passes ten years in international cricket


Sports Reporter :Mahmudullah Riyad have passed ten years in international cricket. Riyad made his debut in an ODI against Sri Lanka on 25th July in 2007 at Colombo, the capital city of Sri Lanka. He made his debut memorable scoring 36 runs and bagging two wickets for 28 runs. Riyad ...

Sports »

Britain`s Adam Peaty swims when setting a new world record in a men`s 50-meter breaststroke heat during the swimming competitions of the World Aquatics Championships in Budapest, Hungary on Tuesday.


Entertainment »

Tareen`s two Eid telefilms


Sheikh Arif Bulbon :While staying inside or outside the country her parents always remains worried at their residence in the city’s Dhanmondi area. For this reason, after finishing her works Tareen prefers to comeback to parents. Because she feels she is still child to them. Despite having engagement with activities ...

Entertainment »

Shah Rukh collaborates with Grammy winner Diplo for Jab Harry met Sejal


Shah Rukh Khan collaborates with yet another International music sensation after Akon. Shah Rukh and Grammy Winer Diplo come together for a song titled Phurrr from Jab Harry met Sejal. The Superstar has earlier got Akon on board for his film Ra.One, wherein Akon lent his voice for Chammak Challo ...

International »

Saudi, allies unveil Qatar `terrorist` blacklist


AFP, Riyadh :Saudi Arabia and its allies unveiled a "terrorist" blacklist on Tuesday of 18 organisations and individuals suspected of links with Islamist extremism that they said had ties with regional rival Qatar.The move by the four Arab governments came despite mounting international pressure to compromise in their weeks-old boycott ...

City »

Prime Minister Sheikh Hasina addressing the DC Conference at her office on Tuesday.


Editorial »

They are only self-seekers and have no love for Bangabandhu


WHEN there are so many critically important national issues to be addressed - some of our politicians needlessly makes a mountain out of a mole hill by creating pointless controversy. This time the hullabaloo surrounds the portrait drawing of Bangabandhu Sheikh Mujib by a ten-year old boy. Understandably, there was ...

Football »

Neymar staying at Barcelona, says teammate Pique


Brazilian superstar striker Neymar will stay with Barcelona, according to teammate Gerard Pique, who posted a Twitter message on the striker's status Sunday.Spanish international defender Pique indicated the South American maestro would continue at Camp Nou by tweeting a photo of Neymar with the caption "He's staying."The message came hours ...

International »

China says it wants to `maintain stability` in disputed South China Sea


Reuters, Bangkok :Chinese Foreign Minister Wang Yi said on Monday Beijing wanted to maintain stability in the South China Sea as it seeks alliances in the region amid tensions in the disputed waters.The United States has criticized China for disregarding international law by the construction and militarization of artificial islands ...

Entertainment »

Kriti Sanon dances her heart out on Hawa Hawa from Mubarakan


Kriti Sanon dances her heart out as she posted her take on Mubarakan’s Hawa Hawa song. Ever since the release Hawa Hawa is going contagious not just amongst the audiences but also amongst the Bollywood Industry. After Ranveer Singh and Varun Dhawan its Kriti Sanon who grooves to this high ...

Entertainment »

Disco Disco from A Gentleman is Jacqueline’s hottest song ever


Jacqueline Fernandez, who is known to be the face of Bollywood’s chartbusters, has yet another hit track to her credit. A Gentleman’s Disco Disco song, which features Jacqueline Fernandez letting her hair down to the Disco tunes. The newly launched song showcases Jacqueline in a smoldering hot avatar. The actress ...

City »

TIB Executive Director Dr Iftekharuzzaman speaking at a prèss conference on `South Asian Observation in Reducing Climate Change` in the city`s Midas Center on Monday.


International »

Divided UK, inconclusive election could put brakes on Brexit


AP, London :Lucy Harris thinks Britain's decision to leave the European Union is a dream come true. Nick Hopkinson thinks it's a nightmare.The two Britons - a "leave" supporter and a "remainer" - represent the great divide in a country that stepped into the unknown just over a year ago, ...

Editorial »

Dhaka needs more space to ease traffic congestion


ACCORDING to a report published by a renowned foreign specialist and a researcher on modern Dhaka - it was revealed that one of the main reasons for increased congestion experienced in the roads and communications system in Dhaka is because of its messy expansion on all the four corners. The ...

 
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