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

The High Court Division directed the Ministry of Education to submit a report on which Education Boards required candidates for S.S.C. and H.S.C. examination to complete mandatory fields for both father and mother’s name in the Student Information Form (S.I.F.). It issued a Rule Nisi on the Ministry of Education, the Ministry of Establishment, Ministry of Women and Children Affairs, the Directorate of Secondary and Higher Secondary Education and the Education Boards to show cause as to why such a requirement should not be held to be arbitrary, discriminatory and unconstitutional, being in violation of the fundamental rights to equality, to be treated in accordance with law and the right to access to education.

Justices

Mr. Justice Syed Refaat 
Ahmed

 
Mr. Justice Moinul 
Islam 
Chowdhury



Database Last Updated on: 2017-02-12 15:26:45
Area of law
Equality,
Children's Rights
Keywords
Guardianship
Relevant statute

 Constitution, Articles 44 and 102;

The Intermediate and Secondary Education Ordinance, 1961 (Ordinance No. XXXIII of 1961)





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

The High Court Division directed the Ministry of Education to submit a report on which Education Boards required candidates for S.S.C. and H.S.C. examination to complete mandatory fields for both father and mother’s name in the Student Information Form (S.I.F.). It issued a Rule Nisi on the Ministry of Education, the Ministry of Establishment, Ministry of Women and Children Affairs, the Directorate of Secondary and Higher Secondary Education and the Education Boards to show cause as to why such a requirement should not be held to be arbitrary, discriminatory and unconstitutional, being in violation of the fundamental rights to equality, to be treated in accordance with law and the right to access to education.

Justices

Mr. Justice Syed Refaat ,   Ahmed,  

 ,  Mr. Justice Moinul ,   Islam ,   Chowdhury



Reference

Area of law
Equality,  Children's Rights

Keywords
Guardianship

Relevant statute

 Constitution, Articles 44 and 102;

The Intermediate and Secondary Education Ordinance, 1961 (Ordinance No. XXXIII of 1961)


Related Proceedings
Database Last Updated on: 2017-02-12 15:26:45