Judgement Details

MPO Matter- Secretary, Ministry of Education and Others. vs. Md. Shafiuddin and Others.

IN THE SUPREME COURT OF BANGLADESH (APPELLATE DIVISION)

Civil Petitton for Leave to Appeal Nos. 2942, 2972 of 2012 and 1913-1914 of 2011

Decided On: 03.10.2013

Appellants: Secretary, Ministry of Education and Ors. Vs. Respondent: Md. Shafiuddin and Ors.

Hon'ble Judges/Coram:
Md. Muzammel Hossain, C.J., Surendra Kumar Sinha, Md. Abdul Wahhab Miah, Hasan Foez Siddique and A.H.M. Shamsuddin Choudhury, JJ.

Counsels:
For Appellant/Petitioner/Plaintiff: Mahbubey Alam, Attorney General instructed by Md. Shamsul Alam, Advocate-on-Record

For Respondents/Defendant: A.M. Aminuddin instructed by Md. Nawab Ali, Advocate-on-Record

Subject: Civil Procedure

Mentioned IN

Prior History:
From the Judgment and Order dated 28.5.2012 passed by the High Court Division in Writ Petition No. 8901 of 2010 and From the Judgment and Order dated 14.12.2010 passed by the High Court Division in Writ Petition No. 5131 & 5410 of 2010

JUDGMENT

Surendra Kumar Sinha, J.

1. These petitions are disposed of by this judgment since law points involved in these petitions are identical.

2. Civil Petition No. 1913 of 2011 arises out of a judgment passed in Writ Petition No. 5131 of 2010, Civil Petition No. 1914 of 2011 arises out of a judgment passed in Writ Petition No. 5410 of 2010, Civil Petition Nos. 2942 and 2972 of 2012 arise out of a judgment passed in Writ Petition No. 8901 of 2010. In the writ petitions the respondents challenged three orders issued by the Ministry of Education, Government of Bangladesh rescinding its earlier orders of enlisting their institutions in the monthly pay order (MPO). Writ petitioners were teachers of different Madrashas and Girls School on different subjects. The school and the Madrashas in question were duly affiliated and recognized by the concerned authority to run their respective academic curricula.

3. In Writ Petition No. 5131 of 2010, on the recommendation of the Managing Committee, the Ministry of Education enlisted Darusha Islamia Dakhil Madrasha in the MPO by letter under memo dated 6th May, 2010 with effect from 1st January, 2010. Subsequently, the Ministry by memo dated 31st October, 2010 published a list of educational Institutions excluding name of the writ petitioners Madrasha. In Writ Petition No. 5410 of 2010, Chacheajani Ashraful Alam Dakhil Madrasha was affiliated by the Madrasha Education Board and subsequently the Ministry of Education enlisted the names of the teachers and staff in the MPO by memo dated 6th May, 2010 but subsequently by another memo dated 31st May, 2010 excluded the name of the writ petitioner's Madrasha without giving any reason. In Writ Petition No. 8901 of 2010, Shahid Mukitzoddah Girls High School was affiliated by the Rajshahi Education Board and the said school conducted its academic courses to the satisfaction of the authority. Ultimately the authority enlisted the school in the MPO under memo dated 31st May, 2010 and the teachers and staff were provided with the benefits. Subsequently, the Board rescinded the earlier memo excluding the name of the school in the list of MPO.

4. In all the writ petitions, the writ petitioners claimed that they were enjoying the benefits from the Government after being enlisted in the MPO but the authority without assigning reason arbitrarily rescinded of the names of the institutions from the list of MPO which is arbitrary and violation of the principles of natural justice. No affidavits-in-opposition were filed by the petitioners denying the statements of facts made in the writ petitions. The High Court Division by two separate judgments made the rules absolute holding that the petitioners took the decisions without affording the writ petitioners any opportunity of being heard and thus, there was violation of the principles of natural justice.

5. We have perused the writ petitions, the impugned judgments and heard the learned Attorney General. It is contended on behalf of the petitioners that the school and Madrashas in question were enlisted in the list of MPO by resorting forgery and when this forgery was detected, the authority excluded it's names from list of MPO and in that view of the matter, the High Court Division erred in law in making the rules absolute.

6. The points canvassed by the learned Attorney General merit no consideration in view of the fact that no affidavits-in-opposition have been filed by the petitioners controverting the statements and/or bringing those facts of forgery on record. Therefore, there is no material in coming to the conclusion that the School and Madrashas have been included in the list of MPO by resorting forgery. It is also admitted fact that the names of the institutions were excluded from the list of MPO without issuing any notice. Apparently the orders were made in violation of the principles of natural justice.

7. In view of the above, the High Court Division has committed no illegality in interfering with the impugned orders excluding the names of the writ petitioners Institutions from the list of MPO.

8. We find no merit in these petitions which are accordingly dismissed.