PUBLIC INTEREST LITIGATION (PIL)

A compilation of PIL cases in Bangladesh

Case Number: Writ Petition No. 312 of 2012
Date of filing: 2012/01/09
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Petitioners

1.Campaign for Popular Education (CAMPE)

2.Bangladesh Legal Aid and Services Trust (BLAST)

Respondents

1.Secretary, Ministry of Education

2.Secretary, Ministry of Finance

3. Secretary, Ministry of Mass Education

4.Director General, Directorate of  Primary Education

5.Director General, Directorate of Secondary and Higher Secondary Education

6.Chairman, Board of Intermediate and Secondary Education, Dhaka

7.Chairman, Board of Intermediate and Secondary Education, Chittagong

8.Chairman, Board of Intermediate and Secondary Education, Rajshahi

9. Chairman, Board of Intermediate and Secondary Education, Jessore

10. Chairman, Board of Intermediate and Secondary Education, Sylhet

11. Chairman, Board of Intermediate and Secondary Education, Barisal

12. Chairman, Board of Intermediate and Secondary Education, Comilla

13. Chairman, Board of Intermediate and Secondary Education, Dinajpur

14. Chairman, Madrasah Education Board

Facts

A Writ Petition was filed for the repeated and complete disregard by non-governmental (primary, secondary and higher secondary) educational institutions across the country regarding the relevant laws for a ceiling on charging admission fees, and failure to comply with their statutory duties to conduct regular inspections of schools in this regard, to inquire allegations and prosecute and punish those responsible and ensure fundamental rights of the affected students.

Rule/Order/Judgment
Date: 09/01/2012


Details

Rule Nisi was issued calling upon Respondents to show why the imposition of fees and charges in the pretext of donations and the failure by Respondent Nos. 1-4 to comply with their statutory and constitutional duties to take immediate effective measures should not be declared to be without lawful authority and of no legal effect. The Court also asked why the Respondents should not be directed to take immediate action to investigate, take appropriate measures to provide a report to the Court on investigation, require schools to inspect which institutions are charging such fees, take necessary and exemplary actions against the institutions found in violation, adopt clear and time-bound plan for monitoring and direct the respondents to take immediate and effective steps  to ensure that errant schools refund the excess fees.

 

Justices

Mr Justice A.H.M. Shamsuddin Choudhury

Mr Justice Jahangir Hossain

 



Date: 14/11/2014


Details

The judgment had been passed making the Rule absolute with some directions. The Court said that the policies adopted by the Government have binding effect on the educational institutions and must be followed. The Court also said that the educational institutions are not allowed to take steps prejudicial to the interest of the students generally

Justices

Ms. Justice Naima Haider

Mr. Justice Zafar Ahmed



Database Last Updated on: 2017-02-12 15:26:45
Area of law
Equality,
Livelihood,
Accountability and Institutional Reform
Keywords
Right to Education
Relevant statute

Constitution, Articles 15, 16, 17, 27 and 31;

Intermediate and Secondary Education Ordinance 1961;

Madrasah Education Ordinance 1978





Case Number: Writ Petition No. 312 of 2012
Date of filing: 2012/01/09

Petitioners

1.Campaign for Popular Education (CAMPE)

2.Bangladesh Legal Aid and Services Trust (BLAST)

Respondents

1.Secretary, Ministry of Education

2.Secretary, Ministry of Finance

3. Secretary, Ministry of Mass Education

4.Director General, Directorate of  Primary Education

5.Director General, Directorate of Secondary and Higher Secondary Education

6.Chairman, Board of Intermediate and Secondary Education, Dhaka

7.Chairman, Board of Intermediate and Secondary Education, Chittagong

8.Chairman, Board of Intermediate and Secondary Education, Rajshahi

9. Chairman, Board of Intermediate and Secondary Education, Jessore

10. Chairman, Board of Intermediate and Secondary Education, Sylhet

11. Chairman, Board of Intermediate and Secondary Education, Barisal

12. Chairman, Board of Intermediate and Secondary Education, Comilla

13. Chairman, Board of Intermediate and Secondary Education, Dinajpur

14. Chairman, Madrasah Education Board

Facts

A Writ Petition was filed for the repeated and complete disregard by non-governmental (primary, secondary and higher secondary) educational institutions across the country regarding the relevant laws for a ceiling on charging admission fees, and failure to comply with their statutory duties to conduct regular inspections of schools in this regard, to inquire allegations and prosecute and punish those responsible and ensure fundamental rights of the affected students.


Rule/Order/Judgment
Date: 09/01/2012:
Details

Rule Nisi was issued calling upon Respondents to show why the imposition of fees and charges in the pretext of donations and the failure by Respondent Nos. 1-4 to comply with their statutory and constitutional duties to take immediate effective measures should not be declared to be without lawful authority and of no legal effect. The Court also asked why the Respondents should not be directed to take immediate action to investigate, take appropriate measures to provide a report to the Court on investigation, require schools to inspect which institutions are charging such fees, take necessary and exemplary actions against the institutions found in violation, adopt clear and time-bound plan for monitoring and direct the respondents to take immediate and effective steps  to ensure that errant schools refund the excess fees.

 

Justices

Mr Justice A.H.M. Shamsuddin Choudhury,  

Mr Justice Jahangir Hossain

 ,  


Date: 14/11/2014:
Details

The judgment had been passed making the Rule absolute with some directions. The Court said that the policies adopted by the Government have binding effect on the educational institutions and must be followed. The Court also said that the educational institutions are not allowed to take steps prejudicial to the interest of the students generally

Justices

Ms. Justice Naima Haider,  

Mr. Justice Zafar Ahmed



Reference

Area of law
Equality,  Livelihood,  Accountability and Institutional Reform

Keywords
Right to Education

Relevant statute

Constitution, Articles 15, 16, 17, 27 and 31;

Intermediate and Secondary Education Ordinance 1961;

Madrasah Education Ordinance 1978


Related Proceedings
Database Last Updated on: 2017-02-12 15:26:45
Full Judgment Link: http://www.blast.org.bd/content/writ/Writ-312-2012-CAMPE-Judgment.pdf