MD. MUSTANISUR RAHMAN Vs. GOVERNMENT OF BANGLADESH

JUDGEMENT

(1.) These two petitions for leave to appeal are directed against the common judgment and order dated 11.2.2007 passed by a Division Bench of the High Court Division in Writ Petition Nos. 3770 and 3771 of 2006 discharging the Rules.

(2.) The short fact leading to the filing of the aforesaid leave petitions is as under.

(3.) In Civil Petition for Leave to Appeal No. 822 of 2007 petitioner Md. Mustanisur Rahman filed Writ Petition No. 3770 of 2006 stating, inter alia, that 12 lecturers including the petitioners of the College got M.P.O. for the month of May, 1997. They completed 8 years of Service and the Governing Body took a resolution on 10.12.2005 to give promotion to the teachers in higher scale. The Managing Committee considering all aspects recommended that out of the 12 teachers, 9 should get promotion to the post of Assistant Professor. Thereafter on 11.11.2005, the Principal of the College sent proposal to the Director General, Secondary and Higher Education Directorate for approval of the recommendation taken by the Managing Committee. But upon an application made by the left-out three lecturers, the Senior Assistant Secretary, Shakha-4, the Ministry of Education wrote a letter to the Director General, Secondary and Higher Education Directorate, requesting him to enquire into the matter. The matter ultimately came to the Deputy Commissioner, Jessore who directed the Additional Deputy Commissioner (Education and Development), Jessore to enquire into the matter. After enquiry, he submitted a report to the Deputy Commissioner, Jessore who forwarded the same to the Director General, Secondary and Higher Education Directorate on 7.2.2006. After getting the report, respondent No.6, in Assistant Director, Secondary and of Higher Education Directorate sent the impugned letter addressed to the Principal of the college refusing to give of promotion to 9 lecturers to the posts of Assistant Professor as proposed by the Principal. The promotion proposed to be given to 9 teachers to the post of Assistant Professor was recommended complying with all the provision laid at down in clause 9 of sub-clause (4) of the guidelines published on 24th October, 1995. In order to get promotion to the post of Assistant professor, the concerned teacher must have 2nd Class in the examinations. As a matter of fact, 3 teachers who were dropped had no 2nd Class in all the examinations. The committee rightly excluded their names for promotion to the post of Assistant Professor. Considering all aspects, the Governing Body of the college recommended the names of 9 teachers for promotion to the post of Assistant Professor. But the Education Ministry without accepting the recommendation of the Governing Body most illegally refused to give promotion to the teachers. Finding no other alternative and efficacious remedy the petitioner moved the High Court Division and obtained rule.