DHAKA : The Appellate Division of the Supreme Court (SC) in its judgment today allowed the state's appeal against a High Court judgment that had declared certain provisions of the private primary schools (Teachers' Terms and Conditions of Service) rules for acquired schools, illegal.
"The apex court judgment verdict has removed the legal hurdles to the recruitment of 32,000 primary school head teachers across the country," said Attorney General Barrister Md Ruhul Quddus Kazal.
In 2017, teachers of nationalised primary schools that had originally been private institutions filed a writ petition challenging part of Rule 9(1) of the Teachers' Service Rules for acquired private primary schools, which deals with seniority and promotion.
Following a hearing, the High Court issued a rule and, on March 11, 2019, passed its verdict, declaring the relevant portion of Rule 9(1) unconstitutional, holding that it was inconsistent with the Constitution.
The state subsequently filed a petition seeking leave to appeal against the High Court verdict. The Appellate Division granted leave to appeal and stayed the operation of the High Court judgment. The government later filed the substantive appeal in 2023. Meanwhile, teachers who had been recruited directly to government primary schools also filed petitions before the Appellate Division.
Today, a four-member bench of the Appellate Division, headed by Chief Justice Justice Zubayer Rahman Chowdhury, allowed the state's appeal, delivering the judgment.
Attorney General Md Ruhul Quddus Kazal, Additional Attorney General Aneek R Haque and advocate Muntasir Uddin Ahmed, counsel of Education Ministry, moved the appeal before the court, while senior advocates Salah Uddin Dolon and Md Miftah Uddin Chowdhury argued for the writ petitioners, senior advocate Ramjan Ali Shikder stood for primary school teachers.
