In the Supreme Court of Bangladesh s3

IN THE SUPREME COURT OF BANGLADESH HIGH COURT DIVISION (SPECIAL ORIGINAL JURISDICTION)

WRIT PETITION NO. 6602 OF 2013

Tapan Kumar Mondal Petitioner -Versus- Bangladesh and others

Respondents

Mr.Md.Humayun Kabir for Mr. Md.Imrul Haydar

For the Petitioner

Mr. Goutam Kumar Roy,D.A.G., with Mr. Md.Eunus Ali,A.A.G., For the Respondents Present: Mr.Justice Md.Moinul Islam Chowdhury and Mr.Justice J.B.M.Hassan Heard on 14.07.2014 and Judgment on 23.07.2014 MD.MOINUL ISLAM CHOWDHURY,J:

At the instance of the Writ Petitioner, Tapan Kumar Mondal, this Rule was issued calling upon the respondents to show cause as to why they should not be comply with the Recruitment Rules in

Column No. (4) of the “ Appointment Circular” and Column No. (11) of the “ Application Form for appointment in the post of Headmaster in the Government Primary Schools” published in the daily

“Janakantha” dated 13.01.2012 by the Directorate of Primary 2

Education ,Section-2, Mirpur, Dhaka-1216 (respondent No. 3) under

Memo No. fË¡¢nA/01/¢eu¡N/fË¢n¢e/2012/14 and why their failure to comply should not be declared to be without lawful authority and of no legal effect and/or why such other or further order or orders should not be passed as top this court may seem fit and proper.

The relevant facts for disposal of the Rule ,inter alia, are that the petitioner made an application to be appointed in the post of

Headmaster in the Government Primary School pursuant to an the advertisement made in the daily “Janakantha” dated 13.01.2012 . The petitioner enclosed the academic records as well as the certificate for his physically handicraft’s medical certificate along with the application certifying of physical handicraft was issued by the

Directorate of Social Welfare ,Satkhira in the Ministry of Social

Welfare of Bangladesh Government and issued “ fÊ¢ahÇd£ ¢ehåe J f¢lQu fœ” being No. 310 dated 12.08.2008 .

In the process of appointment the petitioner was issued with an

Admit Card bearing Roll No. 2898 duly signed by the District

Primary Education Officer, Satkhira and the petitioner appeared in the examination. Thereafter the petitioner also took part in the viva examination on 25.03.2013.After the appointment procedure candidates were selected in the post of Headmaster and published the result by the Directorate of Primary Education, Mirpur, Dhaka but the 3

petitioner was not selected and involved of the requirement conditions as per circular dated 31.01.2012 containing a special quota physically handicraft candidate, as such, this Writ Petition was filed for complying of the requirement conditions as per advertisement published in the daily “Janakanta” dated 31.01.2012 and the Rule was issued thereupon.

Heard the learned Advocate Mr. Md. Md.Imrul Haydar appearing along with the learned Advocate Mr.Md. Humayun Kabir for the petitioner.

Mr.Md. Humayun Kabir, the learned Advocate further submits that the respondents have acted illegally in failing to appreciate the

Government Policy to fulfill some posts from amongst the Special

Quota as physically handicapped. Therefore, the petitioner being qualified candidate in the written examination and being a physical handicraft candidate has every legal right to obtain the appointment as the Headmaster of the Primary School in his native Upazila under

Satkhira District.

The learned Advocate further submits that the respondents have committed an illegality in failing to appreciate the spirit of Recruitment Rules as specified in Recruitment Rules in

Column No. (4) of the said “ Appointment Circular” dated 13.01.2012 4

and the Recruitment Rules i.e. Special Quota as specified in Column

No. (11) of the Application Form for appointment in the post of

Headmaster of the Government Primary Schools”. Although the petitioner being a qualified candidate in the written examination and a deserving candidate for appointment as a Headmaster of the Primary school under special quota as specified in the above columns.

After issuance of the Rule the petitioner again approached to the respondent No. 3, the Director General, Director of Primary

Education ,Section-2, Mirpur, Dhaka and served a representation by t he registered post on 15th June, 2014 but the petitioner received no reply from the said respondent.

The Rule has been opposed by the respondent Nos. 1 to 3 without filing an Affidavit-in-Opposition.

Mr. Goutam Kumar Roy, the learned Deputy Attorney General appearing along with the learned Assistant Attorney General submits that the petitioner filed an application for the post of Headmaster under the Government Primary School after complying all the relevant process the petitioner was not eligible to be appointed in the post of Headmaster within the District of Satkhira because of limited post on the basis of physical handicraft , therefore, the petitioner is not at all competent to appoint , therefore, he has no right to 5

challenge the selection process or appointment after the selection has been proposed to be completed after complying all the legal requirements.

Considering the above submissions made by the learned

Advocates appearing for the respective parties and also considering the writ petition along with its Annexures therein it appears to us that the petitioner made application for the post of Headmaster pursuant to an advertisement published by the respondent No. 3, the Director

General of the Primary Education Directorate, Dhaka in the daily newspaper known as “Janakanta” dated 31.01.2012 .The petitioner’s made application pursuant to the said advertisement and supplied all the relevant documents including a handicraft certificate for his physical disability as contained in the aforementioned advertisement.

The petitioner also provided his registration certificate obtained from the Ministry of Social Welfare known as “ fË¢ah¢å ¢ehåe J f¢lQu fœ” but in the selection process the petitioner could not qualify and was not appointed even as a disable physical handicraft person.

Now we have to decide whether the petitioner was eligible to be appointed as the Headmaster in any special quota or not . After considering the Writ Petition along with its Annexures we found it difficult to take any decision as to the nature of handicraft the petitioner has been suffering from but as per the Annexures –“C” 6

containing “ fË¢ahå£ ¢ehåe J f¢lQu fœ” as well as the Annexur e-H a Medical Certificate describing that the petitioner has been suffering from a disability for “ X¡e q¡al Q¡l¢V Bw…m ü¡i¡¢hL L¡Sl A- k¡NÉ” .This court cannot take any decision as to the nature of disability or the physical condition of handicraft in this Writ

Jurisdiction under Article 102 of the Constitution. Moreover the petitioner applied for the post of Headmaster in the District of

Satkhira we are not benefited from any information by either of the parties to number of candidates with any physical handicraft disability or whether the respondents have already sufficient numbers as per the quota for the same post or not. We, therefore, consider that justice would be met if the respondent No. 3, Director General , Directorate of Primary Education, Mirpur, Dhaka to dispose of the application served by the petitioner on 15.06.2014 by a registered post.

Accordingly the Rule is disposed of.

The respondent No. 3, Director General , Directorate of

Primary Education, Mirpur, Dhaka and respondent No. 5, the District

Primary Education Officer, Satkhira are hereby directed to dispose of t he representation served by the petitioner through registered post within 2(two) months from the date of receipt of the copy of this judgment and order. 7

The office is directed to communicate the judgment and order to the relevant persons immediately.

J.B.M.HASSAN,J:

I agree,