GOVERNMENT OF BANGLADESH Vs. NORTH POINT UNIVERSITY

JUDGEMENT

(1.) This appeal by special leave arises against the judgment and order dated 9-11-2000 of the High Court Division passed in writ petition No. 5233 of 2000 making the rule absolute.

(2.) The facts, in short, are that the respondent, North Point University, filed an application under section 3 of the Private University Act, 1992 for founding a Private University. In the application the respondent has stated that some distinguished educationalists, with the intention of setting up a Private University named as "North Point University", for expansion and spreading of university education amongst the desirous and ambitious boys and girls of the country, formed a Board of Trustee. Along with the application were enclosed a project profile and a receipt of depositing on 28-10-4997 an amount of 1 crore in the Bank of Small Industries and Commerce Bangladesh Ltd. Dilkusha Branch, Dhaka in pursuance of the provisions of the Private University Act, 1992. The particulars were then forwarded to the University Grants Commission for its opinion and the Commission by its report informed the concerned authority that the respondent might be granted permission to open the University. Accordingly, when the respondent made all arrangements for the opening of the University, the Ministry suddenly sent the impugned letter No. ...[VARNACULAR TEXT OMITTED]... dated 27-9-1995 addressing the respondent to comply with the requirement contained in the amended provision of the Private University Act, by which the amount to be deposited was increased from one crore to five crore for receiving permission to start the University. The respondent challenged the legality of the impugned letter before the High Court Division by invoking its writ jurisdiction in Writ Petition No. 5233 of 2000.

(3.) The High Court Division by its judgment and order dated 9-11-2000 made the Rule absolute declaring the impugned letter to be without lawful authority and of no legal effect on the ground that an amended Act cannot have retrospective effect. From the said decision of the High Court Division leave was granted on the following terms: