Act/Law wise: Judgment of Supreme Court of Bangladesh (AD & HCD)



Non-Government College Teachers (Terms and Conditions of Service) Regulations, 1994
Section/Order/ Article/Rule/ Regulation Head Note Parties Name Reference/Citation
Regulation 16(ka)

Empowers the Governing body to constitute enquiry committee—
The Governing body is empowered under regulation 16(ka) to constitute an enquiry committee consisting of 5 (five) members to enquire into the allegations of misconduct and moral turpitude against a teacher of a Non-Government college. The constitution of a three member inquiry committee by the national college being illegal the High Court Division declared the suspension of the writ petitioner made on the recommendation of such committee as arbitrary and passed without any lawful authority. The apex court held the High Court Division was correct in making the rule absolute. Solaiman Chowdhury (AFM) Vs. Md. Mohibiiilah and others 14 MLR (2009) (AD) 164.

Solaiman Chowdhury (AFM) Vs. Md. Mohibiiilah and others 14 MLR (AD) 164
Teachers of Lalmatia Mohila College-

সরকারিকৃত কলেজ শিক্ষক ও কর্মচারী আত্তীকরণ বিধিমালা, ২০১৮
Rule 4 r/w Rules 5, 6 and 12
Non-Government Degree College Teachers Service Regulations, 1994
জাতীয় বিশ্ববিদ্যালয়ের অধিভুক্ত বেসরকারী কলেজ শিক্ষকদের চাকুরীর শর্তাবলী রেগুলেশন, ২০১৫
Teachers of Lalmatia Mohila College whose salary was degraded after the nationalization of the College–– Mr. Md. Enayetullah without having any requisite qualification got an appointment letter as an Assistant Professor in the aforesaid college on the date of putting embargo that is on 26.02.2019 and he is receiving higher salary holding the post of Assistant Professor and thus the writ respondents have shown utter discriminatory treatments towards the writ petitioners and the High Court Division allowed the aforesaid discrimination in passing the impugned judgment and order and the same is liable to be set aside.
The writ petitioners are the regular teachers of the Lalmatia Mohila College, now Lalmatia Government Moahila College and they were appointed and promoted in their respective posts in accordance with the prevailing Rules and Regulations and they have no disqualifications to be absorbed in the Lalmatia Government Mohila College as per provisions of Rule 4 read with rule 5 and 6 of the Rules, 2018 as discussed above, but the High Court Division fell into error in interpreting the provisions of the same Rules and came into a wrong decision in passing the judgment and order impugned against. ––Accordingly, this petition is disposed of. The impugned judgment and order of the High Court Division is set aside. The respondents are directed to conclude the nationalization process of services of the petitioners as a Teachers of Lalmatia Government Mohila College, Lalmatia, Mohammadpur, Dhaka in accordance with law in the manner as it has already been done in case of their colleagues within 3(three) months. .....Rukhsana Ahmed Ruxi =VS= Ministry of Education, BD, (Civil), 2024(1) [16 LM (AD) 521] ....View Full Judgment

Rukhsana Ahmed Ruxi =VS= Ministry of Education, BD 16 LM (AD) 521