PUBLIC INTEREST LITIGATION (PIL)

1. Bangladesh Legal Aid and Services Trust (BLAST)
2. Mahila Parishad
3. Naripokkho

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

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.

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.

Mr. Justice Syed Refaat Ahmed and

Mr. Justice Moyeenul Islam Chowdhury 

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.

Mr. Justice Syed Refaat Ahmed and

Mr. Justice Md. Iqbal Kabir

The supplementary affidavit has been filed  on behalf of the petitioners. 

After hearing the both parties’ submissions, the court kept this matter as part-heard. On 16.01.2023 this matter will come in cause list as the part-heard matter.

Justice Naima Haider and
Justice Md. Khairul Alam

The HC fixed 24 January 2023 for the Judgment.

Justice Naima Haider and 

Justice Md. Khairul Alam

The Hon’ble High Court passed a judgment that all educational forms which required both the parents’ names can now be filled in using either the father, or the mother, or the legal guardian’s name. The Court also directed the Ministry of Education, and all Education Boards to take necessary steps to amend all forms in light of this judgment.

 The Court also made the Rule Absolute which was given by the High Court on 3 August 2009. 

Justice Naima Haider and

Justice Md. Khairul Alam