Path cleared for appointing around 32,000 head teachers in primary schools

A ruling by the country's highest court has cleared the way for the appointment of head teachers to approximately 32,000 government primary schools across Bangladesh.

Today, Thursday, the Appellate Division, led by Chief Justice Zubayer Rahman Chowdhury, allowed the State's appeal against a High Court judgment that had declared part of the provisions relating to seniority and promotion under the Teachers (Terms and Conditions of Service) Rules for Acquired Non-Government Primary Schools unlawful.

Attorney General Md Ruhul Quddus Kazal confirmed that the Supreme Court had allowed the appeal.

Speaking at a briefing in his office after the judgment, he said, "The judgment has been delivered in favour of the Government and the State. In other words, the High Court's judgment no longer stands. Under the law, teachers recruited directly to government service will rank above those who joined from acquired non-government primary schools. Today's judgment has affirmed that legal position."

The Attorney General added, "Because of this legal dispute, nearly 32,000 primary schools across the country have been without head teachers. In many cases, local authorities may have assigned someone to perform the duties on an interim basis. However, because of this case, the Government could neither appoint nor transfer head teachers. The head teacher posts remained vacant, and the Government could not fill them, resulting in various administrative complications. Following today's judgment, those complications will be resolved. The Government will now be able to appoint head teachers, and administrative order will be restored."

According to the lawyers involved in the case, the Government promulgated the Teachers (Terms and Conditions of Service) Rules for Acquired Non-Government Primary Schools on 29 September 2013.

Prior to that, the Committee on the Framework for the Nationalisation of Non-Government Primary Schools prepared a summary after selecting 26,193 schools for consideration under the nationalisation programme. The Government subsequently nationalised those schools.

According to the lawyers, teachers from nationalised non-government primary schools filed a writ petition in 2017 challenging part of Rule 9(1) of the Teachers (Terms and Conditions of Service) Rules for Acquired Non-Government Primary Schools, which governs seniority and promotion.

Following a preliminary hearing, the High Court issued a Rule. After the final hearing, the High Court delivered its judgment on 11 March 2019, declaring the relevant part of Rule 9(1) inconsistent with the Constitution.

The State subsequently sought leave to appeal against that judgment. On 20 November 2022, the Appellate Division granted leave to appeal and simultaneously stayed the operation of the High Court's judgment.

After obtaining leave to appeal, the State filed the substantive appeal in 2023. Teachers who had entered government primary schools through direct recruitment also filed appeals before the Appellate Division. After hearing the matter, the Appellate Division allowed the appeals.

Attorney General Md Ruhul Quddus Kazal, additional attorney General Aneek R Haque, and advocate Muntasir Uddin Ahmed appeared for the appellants during the hearing. Advocate Ajit Shil also appeared on their behalf.

Senior advocates Salah Uddin Dolon and Md Miftah Uddin Chowdhury represented the writ petitioners. Senior advocate Ramzan Ali Sikder appeared on behalf of the teachers recruited directly to government primary schools.