Board of Secondary and Higher Secondary Education, Dhaka (Regulations, 2009)
[মাধ্যমিক ও উচ্চ মাধ্যমিক শিক্ষাবোর্ড, ঢাকা (মাধ্যমিক ও উচ্চ মাধ্যমিক স্তরের বেসরকারী শিক্ষা প্রতিষ্ঠানের গভর্ণিং বডি ও ম্যানেজিং কমিটি) প্রবিধানমালা, ২০০৯]
Regulation 5(1)(2)(3) and 50- Governing body of non-Government Educational Institutions- The formation of Special Governing Body one after another cannot be said to be lawful. Therefore, the High Court Division made the Rule absolute in part on the following terms:
1. The provisions of sub-regulations (1) and (2) of regulation 5 and regulation 50 [প্রবিধান ৫ এর উপ প্রবিধান (১) এবং (২) এবং প্রবিধান ৫০] of the মাধ্যমিক ও উচ্চ মাধ্যমিক শিক্ষা বোর্ড, ঢাকা (মাধ্যমিক ও উচ্চ মাধ্যমিক স্তরের বেসরকারী শিক্ষা প্রতিষ্ঠানের গভর্ণিং বডি ও ম্যানেজিং কমিটি) প্রবিধানমালা, 2009 are, hereby, declared to be ultra vires the constitution and also with the parent legislation namely, sections 3 and 39(2)(vi) of the Intermediate and Secondary Education Ordinance, 1961 and hence are of no legal effect and invalid thus the same are struck down from Regulations.
2.In view of the aforesaid declaration, the expression "উপ প্রবিধান (২) এর অধীন উচ্চ মাধ্যমিক স্তরের বেসরকারী শিক্ষা প্রতিষ্ঠান ব্যতীত অন্যান্য" occurring in sub-regulation (3) of regulation 5 of the Regulations is also struck down.
3. The declarations at paragraphs 1 and 2 above, shall apply all Non- to Government Educational Institutions of this country to which the Regulations are applicable with immediate effect.
4. Respondent Nos. 1 and 2 are hereby directed to take necessary steps, within 60 days from the date of receiving copy/certified copy of this judgment for issuing necessary directions to all Non-Government Educational Institutions and relevant authorities about the declarations at paragraphs 1, 2 and 3 above for making necessary amendments in the relevant provision of Regulations which contains reference to the struck-down provisions.
5. The Special Type of Governing Body of Viqarunnisa Noon School and College, Dhaka constituted under Memo No. 37.00.0000.072.34.021.15.696 dated 24.12.2015 and Memo No. ৪৩/ ক/স্বী/৮৪/(অংশ-১)/১০০ dated 30.12.2015 issued by respondents No. 1, 2 and 3 for the term of two years effective from the date of the 1st meeting (05.01.2016) of the said Special Type of Governing Body, is, hereby, declared to have been constituted/formed without lawful authority and hence of no legal effect and invalid.
6. Similarly, Special Special Type of Governing Body/Bodies, if SO constituted in an Non-Government Educational Institution under the Regulations, is/are also to be treated as constituted/formed without lawful authority and be of no legal effect and invalid.
7. The actions taken and the deeds performed by the said Special Type of Governing Bodies, as of today, being past and closed transactions are hereby condoned.
8. The respondents, in general and respondents No. 1 and 2, in particular, are, hereby, directed to form an Ad-hoc Committee for Non-Government Educational Institutions including the Viqarunnisa Noon School and College, Dhaka in accordance with the provision of regulation 39 of the Regulations within thirty days from the date of receiving copy/certified copy of this judgment. The respective Ad-hoc Committees shall take necessary steps for formation/constitution of a regular Governing Body of such institutions including Viqarunnisa Noon School and College, Dhaka through election in accordance with the provisions of the Regulations.
9. The Members of Parliament, appointed as Chairman of Governing Body of any Non-Government Educational Institu- tions in pursuance of regulations 5(1) and (2) of the Regulations are, hereby, also declared to have been appointed without lawful authority and be of no legal effect and invalid.
10. The actions taken and the deeds performed by such Chairman of any Non-Government Educational Institu- tions, as of today, under Regulations being passed and closed transactions are, hereby, condoned.
11. The respondents, in general and respondent Nos. 1 and 2 in particular, are to give appointment of "Chairman of the Governing Body of such Non-Government Educational Institutions in pursuance of strict and effective compliance with the rest part of regulation 5(3) of the Regulations for carrying out the purpose and object of provisions of the Ordinance within 30 (thirty) days from the date of receiving of the copy/certified copy of the judgment.
12. Respondent No. 1 is further directed to take necessary steps for examining the Regulations made in respect of other Boards of Intermediate and Secondary Education Board under the Ordinance, if any provision of such Regulations contain provisions similar to delete/struck down provisions for the above reasons and also for securing uniformity in the educational management.
The findings, directions and guidelines given by the High Court Division having been based on proper appreciation of law and fact do not call for interference. Accordingly, all the civil petitions are dismissed. ..... Viqurunnisa Noon School & College =VS= M. A. Rahim Rana, [5 LM (AD) 185]
Secondary and Higher Secondary Education Board cannot review its own decision- Appellate Division held that there is any provision which authorises the there Board to review its own decision as well as the decision of Appeal and Arbitration Committee after directing to implement the decision of the committee. Mothertek A. Aziz H. S. School =VS= Md. Atiqur Rahman, [3 LM (AD) 416]
Writ petition maintainable or not- Writ petition was maintainable since the decision challenged in the writ petition was of the Board of Secondary and Higher Secondary Education- The writ petitioner being an Assistant Teacher of a non-Government Secondary School, which is neither statutory body nor a local authority, the writ petition was not maintainable'. The decision challenged in the writ petition was of the Board of Secondary and Higher Secondary Education, we find that the writ petition was maintainable. Moreover, it appears that no such ground of maintainability was urged before the High Court Division.
With regard to the merit of the writ petition, we find that the High Court Division dealt with the matter extensively in making the Rule Nisi absolute. Since no argument was made with regard to the merit of the case we do not propose to dwell on the matter. We do not find any merit in this appeal, which is accordingly dismissed. Bangshal Girls High School =VS= Kawser Parvin (Mrs.), [7 LM (AD) 15]
Criteria formulated by the Government for enlisting a school as a Model School - Transformation of existing Non-government Schools into Model Schools in Selected 306 Upazilla Headquarter. Some criteria were formulated by the Ministry of Education which comprises amongst others, i) the year of establishment of the school, ii) SSC result of the last 3 years (2005, 2006, 2007), iii) number of students, iv)quantity of land owned by the school, v)distance from the respective upazilla headquarters and vi) quality of teachers.
Since education ministry has set up a criteria for enlisting a school as a Model School it must follow those criteria set forth. Where a particular mode is prescribed for doing an act and there is no impediment in adopting the procedure, deviation to act in a different manner which does disclose not any reasonable discernible principle by itself shall be labeled as arbitrary. It appears that both the schools claimed that those schools are situated nearer to the Upazilla Headquarters. it is difficult to ascertain the same sitting in writ jurisdiction. In such circumstances, we are of the view that the High Court Division rightly directed the authority to ascertain the distance of the school from Upazilla Headquarters and decide the issue following the criteria set forth by the government. We do not find any illegality in the judgment and order of the High Court Division. ... Char Lawrence Uchcha Biddalaya=VS=Hazirhat Millat Academy, [6 LM (AD) 171]
