National University Ain, 1992
Making the Rule absolute without any order as to costs declaring the order dated 17.03.2005 terminating the service of the respondent as Deputy Registrar of the National University, Gazipur to be illegal and of no legal authority and further directing the National University to reinstate the respondent in her service with all attending benefits admissible to her. National University vs. Begum Sultana Razia (Mohammad Fazlul Karim J) (Civil) 8 ADC 307
Sections 20 and 21-A teacher of a private educational institute cannot claim as of right to afford him MPO because of the fact that unless the college/school is affiliated with the National University/Board for conducting degree courses over which the government has no control, he will not be entitled to apply for MPO. The Appellate Division held that the granting of MPO to a teacher of school/college is subject to the condition that the school/college must be affiliated/recognised by the University. Though there is nexus between the affiliation and payment of MPO, the sanctioning authorities being two independent bodies, none of the provisions covering the field will prevail over the other. Neither a college/school can claim as of right to be affiliated under the University/Board for providing degree courses nor a teacher of a college/school can claim MPO as of right unless the conditions are fulfilled. Both fields are regulated by different bodies by different Regulations/Circulars. There is no scope to infer overlapping of the one by the other. .....Govt. of Bangladesh & others -Vs.- Md. Akram Ali & others, [1 LM (AD) 113]
Section 24, 26
Mr.A.K.Badrul Huq, learned Senior Counsel appearing for the petitioner, submits that the definition of "Teacher" under regulation 2(umma) of the Regu- lations, 1994 means Principal, Vice- Principal including permanent and temporary Teachers of college and thus the petitioner is eligible for the post of the Principal within the purview of notification of the Government dated 2.4.2003 and as such the impugned memo dated 18.1.2007 is illegal. He further submits that the notification dated 2.4.2003 confirmed by notifica- tion dated 15.11.2008 issued by the Ministry of Education, the controlling authority of all educational Institutions, and that though the National University is regulated by National University Act, 1994, still the Ministry of Education re- mains the controlling and regulating au- thority and that the National University authority is required to abide by notifi- cation dated 2.4.2003 and that the High Court Division committed error in hold- ing that the notification dated 2.4.2003 issued by the Ministry of Education has no manner of application for appointment of a Principal of degree college. S.M.Zakir Hossain vs. The People's Re- public of Bangladesh (Syed Mahmud Hossain J) (Civil) 8 ADC 600
