Bangladesh Engineering and Technological University Ordinance [XXXVI of 1961] Case Reference

Bangladesh Engineering and Technological University Ordinance [XXXVI of 1961]

Sections 12(3) and 16(k) -Since the decision of the Syndicate so has been taken in the 484th meeting held on 31.12.2014 to appoint the petitioner is still in operation and that till date the appointment letter dated 10.01.2015 so issued by the Registrar of the University in her favour has not been withdrawn. nor the respondent Nos. 1 and 3 have come forward to show that the petitioner is otherwise disqualified; as such, not accepting her joining letter on the plea that the Bachelor degree she obtained from Jahangir Nagar University is not equivalent to the Bachelor Degree of BUET, is a glaring instance of discrimination. 

The High Court Division held that section 12(3) of the Ordinance, 1961 does not empower the Vice Chancellor of the University to override the decision of the Syndicate, the Authority of which the Vice Chancellor is one of it's member. In that view of the matter the observations and findings so given in the said case cannot be made applicable in the facts and circumstances of the present case. In the present case, it is the Syndicate of the University which has taken the decision on 31.12.2014 in it's 484th meeting to appoint the petitioner and pursuant to the said decision her appointment letter has been issued on 10.01.2015 (Annexure-C).

However, the fact remains that neither the decision of the Syndicate nor the issuance of the said appointment letter has been withdrawn by the authority concern till date. Moreover, in view of Article 12(c) of the Ordinances to Admission, Equivalence of Examination, Conduct of Examinations Etc. the duty for equivalence of examination conducted by the other University for employment in BUET has been vested upon the Academic council of the University, which has not been done in the present case. As such, for the failure of the Academic Council to equivalence the Bachelor degree of the petitioner obtained from Jahangir Nagar University she cannot be deprived from enjoying her vested right so has been accrued in her favour vide the actions of the respondent concern. In this regard, it is also pertinent to observe that the respondent Nos. 1 and 3 have not come forward with any Statute, Rules or Regulations of BUET which prohibits any candidate, having degree from other University, from being appointed as lecturer in BUET save and except the condition as prescribed in Article 12 of the Ordinances Relating to Admissions, Equivalence of Examinations, Conduct of Examinations Etc., as quoted above. Accordingly, it is the High Court Division's concerned view that since the decision of the Syndicate so has been taken in the 484th meeting held on 31.12.2014 to appoint the petitioner is still in operation and that till date the appointment letter dated 10.01.2015 so issued by the Registrar of the University in her favour has not been withdrawn nor the respondent Nos. 1 and 3 have come forward to show that the petitioner is otherwise disqualified; as such, not accepting her joining letter on the plea that the Bachelor degree she obtained from Jahangir Nagar University is not equivalent to the Bachelor Degree of BUET, is a glaring instance of discrimination. Be that as it may, having found substance in the present Rule the High Court Division is inclined to allow the same. In the result, the Rule is made absolute. Neelopal Adri -Vs.- Bangladesh University of Engineering and Technology and and others. (Spl.Original) 21 ALR (HCD) 273-279