PUBLIC INTEREST LITIGATION (PIL)

A compilation of PIL cases in Bangladesh

Case Number: Writ Petition No. 5343 0f 2009
Date of filing: 2009/08/02
Print


Petitioners
  1. Bangladesh Legal Aid and Services Trust (BLAST)
  2. Mahila Parishad
  3. Naripokkho
Respondents
  1. Secretary, Ministry of Education
  2. DG, Directorate of Secondary and Higher Secondary Education, Dhaka
  3. Chairman, Board of Secondary and Higher Secondary and Higher Secondary Education, Barisal
  4. Chairman, Board of Secondary and Higher Secondary and Higher Secondary Education, Comilla
  5. Chairman, Board of Secondary and Higher Secondary and Higher Secondary Education, Chittagong
  6. Chairman, Board of Secondary and Higher Secondary and Higher Secondary Education,  Dhaka
  7. Chairman, Board of Secondary and Higher Secondary and Higher Secondary Education, Jessore
  8. Chairman, Board of Secondary and Higher Secondary and Higher Secondary Education, Rajshahi
  9. Chairman, Board of Secondary and Higher Secondary and Higher Secondary Education, Sylhet
  10. Secretary, Ministry of Women’s and Children’s Affairs
  11. Secretary, Ministry of Establishment
Facts

BLAST, with Bangladesh Mahila Parishad and Naripokkho, filed a writ petition based on a newspaper report and its own investigations, revealing that in April 2007 the Board of Secondary and Higher Secondary Education, Rajshahi had refused to issue an admit card to a young woman in Thakurgaon for not filling up the entry for ‘father’s name’ in the Student’s Information Form (S.I.F.) required prior to sitting for S.S.C. examinations. The young woman had been brought up by her mother alone after her father failed to provide for or recognize either her or her mother. The young woman concerned had never had to refer to his name and refused to do so on the S.I.F.

Rule/Order/Judgment
Date: 03/08/2009


Details

After hearing the division bench issued Rule Nisi upon the respondents to show cause as to why the impugned action and practice of requiring a candidate for SSC and HSC examinations to be identified on the basis of both his or her ‘father’s name’ and ‘mothers name’ and the inclusion of mandatory fields for ‘father’s name and mother’s name in the Student Information Forms to be completed by candidates for SSC and HSC examination, and the refusal to issue registration cards to candidates who do not complete both fields in the said forms should not be declared arbitrary, discriminatory and/or unconstitutional being in violation of the fundamental rights to equality and to be treated in accordance with law and the right to access to educating and further why they should not be directed to amend the said Student  Information Form to enable candidates for SSC and HSC examinations o include by way of identification information regarding either their father’s name or their mother’s name or the name of their lawful guardian and/or such other or further order or orders passed as to this court may seem fit and proper and also directed the Respondent No. 1 is hereby directed to provide a report to this court as to which of the various Boards of Education currently required candidates to provided mandatory information regarding both the father’s name and mother’s name prior to receiving registration cards for admission to the SSC examinations and what course of action they pursue should an otherwise eligible candidate fail to provide his or her father’s identify within a period of 3(three) weeks from date.

The Rule is made returnable within 3(three) weeks from date.

Justices

Mr. Justice Syed Refaat Ahmed and

Mr. Justice Moyeenul Islam Chowdhury 



Date: 26/02/2019


Details

A Supplementary Affidavit has filed on behalf of the petitioner. On the prayer of the learned advocate of the petitioners this matter will come up in the list subject only to part-heard for hearing from 31.03.19.

Justices

Mr. Justice Syed Refaat Ahmed and

Mr. Justice Md. Iqbal Kabir



Database Last Updated on: 2019-02-27 19:26:08
Area of law
Equality,
Life,
Children's Rights
Keywords
Identification of Father, Right to education
Relevant statute

Articles 21, 27, 29, 31, 32, 15(a), 18, 44 and 102 of the Constitution of Bangladesh.

 





Case Number: Writ Petition No. 5343 0f 2009
Date of filing: 2009/08/02

Petitioners
  1. Bangladesh Legal Aid and Services Trust (BLAST)
  2. Mahila Parishad
  3. Naripokkho
Respondents
  1. Secretary, Ministry of Education
  2. DG, Directorate of Secondary and Higher Secondary Education, Dhaka
  3. Chairman, Board of Secondary and Higher Secondary and Higher Secondary Education, Barisal
  4. Chairman, Board of Secondary and Higher Secondary and Higher Secondary Education, Comilla
  5. Chairman, Board of Secondary and Higher Secondary and Higher Secondary Education, Chittagong
  6. Chairman, Board of Secondary and Higher Secondary and Higher Secondary Education,  Dhaka
  7. Chairman, Board of Secondary and Higher Secondary and Higher Secondary Education, Jessore
  8. Chairman, Board of Secondary and Higher Secondary and Higher Secondary Education, Rajshahi
  9. Chairman, Board of Secondary and Higher Secondary and Higher Secondary Education, Sylhet
  10. Secretary, Ministry of Women’s and Children’s Affairs
  11. Secretary, Ministry of Establishment
Facts

BLAST, with Bangladesh Mahila Parishad and Naripokkho, filed a writ petition based on a newspaper report and its own investigations, revealing that in April 2007 the Board of Secondary and Higher Secondary Education, Rajshahi had refused to issue an admit card to a young woman in Thakurgaon for not filling up the entry for ‘father’s name’ in the Student’s Information Form (S.I.F.) required prior to sitting for S.S.C. examinations. The young woman had been brought up by her mother alone after her father failed to provide for or recognize either her or her mother. The young woman concerned had never had to refer to his name and refused to do so on the S.I.F.


Rule/Order/Judgment
Date: 03/08/2009:
Details

After hearing the division bench issued Rule Nisi upon the respondents to show cause as to why the impugned action and practice of requiring a candidate for SSC and HSC examinations to be identified on the basis of both his or her ‘father’s name’ and ‘mothers name’ and the inclusion of mandatory fields for ‘father’s name and mother’s name in the Student Information Forms to be completed by candidates for SSC and HSC examination, and the refusal to issue registration cards to candidates who do not complete both fields in the said forms should not be declared arbitrary, discriminatory and/or unconstitutional being in violation of the fundamental rights to equality and to be treated in accordance with law and the right to access to educating and further why they should not be directed to amend the said Student  Information Form to enable candidates for SSC and HSC examinations o include by way of identification information regarding either their father’s name or their mother’s name or the name of their lawful guardian and/or such other or further order or orders passed as to this court may seem fit and proper and also directed the Respondent No. 1 is hereby directed to provide a report to this court as to which of the various Boards of Education currently required candidates to provided mandatory information regarding both the father’s name and mother’s name prior to receiving registration cards for admission to the SSC examinations and what course of action they pursue should an otherwise eligible candidate fail to provide his or her father’s identify within a period of 3(three) weeks from date.

The Rule is made returnable within 3(three) weeks from date.

Justices

Mr. Justice Syed Refaat Ahmed and

Mr. Justice Moyeenul Islam Chowdhury ,  


Date: 26/02/2019:
Details

A Supplementary Affidavit has filed on behalf of the petitioner. On the prayer of the learned advocate of the petitioners this matter will come up in the list subject only to part-heard for hearing from 31.03.19.

Justices

Mr. Justice Syed Refaat Ahmed and

Mr. Justice Md. Iqbal Kabir



Reference

Area of law
Equality,  Life,  Children's Rights

Keywords
Identification of Father, Right to education

Relevant statute

Articles 21, 27, 29, 31, 32, 15(a), 18, 44 and 102 of the Constitution of Bangladesh.

 


Related Proceedings
Database Last Updated on: 2019-02-27 19:26:08
Full Judgment Link: http://bdpil.org.bd/assets/uploads/pdf/c8705-wp-no.-5343-of-2009.pdf