Constitution of Bangladesh, 1972
Article 102(2)
জাতীয়করনকৃত কলেজ শিক্ষক ও অশিক্ষক কর্মচারী আত্মীকরন বিধিমালা-২০১৮
Rules 3 and 5
The High Court Division went beyond the scope of Article 102 of the Constitution, in giving relief beyond the terms of the Rule Nisi–– The High Court Division has delivered the impugned judgment and order basing on the “জাতীয়করনকৃত কলেজ শিক্ষক ও অশিক্ষক কর্মচারী আত্মীকরন বিধিমালা-২০১৮” by which the earlier Rules of 2000 has been repealed and thereby directed the writ respondent-leave petitioner herein to absorb the writ petitioners-respondents herein as Lecturers in their concerned Government Colleges despite of the fact that the writ petitioners did not make any such claim in the form of prayer in the writ petition asking absorption under the aforesaid absorption Rules of 2018 nor the Rules Nisi were issued at that effect. As such, the High Court Division erred in law in travelling beyond the scope/terms of the Rules Nisi in both the writ petitions in giving relief to the writ petitioners while passing the impugned judgment and order. Thus, the finding of the High Court Division is not the correct reflection of the terms of the Rules Nisi and as such the same does not leg to stand in accordance with law. .....Government of Bangladesh =VS= Sk. Md. Abdullah Faruque, (Civil), 2023(1) [14 LM (AD) 232] ....View Full Judgment