Managing Committee of the Recognised Non-Government Secondary Schools Regulations, 1977
Regulations 8(4), 18(2) and 19
Constitution of Bangladesh, 1972
Article 102(2)(a)(i)
It is settled principle of law that the Governing Body or the Managing Committee of Recognized Non-Government School and College is neither a person performing any functions in connection with the affairs of the Republic nor a Local Authority–– The order of temporary suspension has been inflicted by the Governing Body of the college. It is an action of the Governing Body who is neither any person acting in the affairs of the Republic or any statutory public authority nor any local authority. The writ-petitioner was a teacher of an affiliated Non-Government College and as such, an action or inaction is not amenable under writ jurisdiction inasmuch as it is settled principle of law that the Governing Body or the Managing Committee of Recognized Non-Government School and College is neither a person performing any functions in connection with the affairs of the Republic nor a Local Authority. It further appears that the writ-petitioner invoked writ jurisdiction of the High Court Division under Article 102(2)(a)(i) of the Constitution wherein it was enshrined that “The High Court Division, if satisfied that no other equally efficacious remedy is provided by law (a)on the application of any person aggrieved, make an order-(i) directing a person performing any functions in connection with the affairs of the Republic or of a Local Authority to refrain from doing that which he is not permitted by law to do or to do that which he is required by law to do ... ” and as such, the circumstances mandated by and under the Constitution, the action or inaction of the Managing Committee of a Recognized Non-Government School and College is not amenable under writ jurisdiction. ––Chand Mia Molla Degree College, Cumilla being regulated and managed in accordance with the provisions of the Board of Intermediate and Secondary Education, Dhaka (Managing Committee of the Recognised Non-Government Secondary Schools) Regulations, 1977 and other provisions and regulations, is not statutory body or local authority.––It is Appellate Division’s considered view that the writ-petition is not maintainable. .....Mijanur Rahman(Md.) =VS= Omar Faruk, (Civil), 2023(1) [14 LM (AD) 385] ....View Full Judgment