Regulations 8(4), 18(2) and 19
|
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
|
Mijanur Rahman(Md.) =VS= Omar Faruk |
14 LM (AD) 385 |