The Chamber Court of the Appellate Division on Monday stayed a High Court order that had directed government and private lower secondary and secondary schools to remain closed throughout the month of Ramadan.
The order was passed by the Chamber Judge Court of the Appellate Division led by Justice Farah Mahbub after hearing a petition filed against the HC directive. Additional Attorney General Barrister Aneek R Haque represented the state during the hearing.
Earlier, centering on Ramadan, the HC had directed those academic activities of all schools from classes six to ten across the country be suspended from February 18. The court asked the Education Ministry secretary to implement the directive and issued a rule in this regard.
The court also issued a separate rule questioning the legality of a notification issued by the Education Ministry regarding the closure of madrasas and lower secondary schools.
The HC bench comprising Justice Fahmida Quader and Justice Md Asif Hasan passed the order on Sunday, after a preliminary hearing of the writ petition.
Advocate Ilias Ali Mondal argued for the writ petitioner, assisted by Advocate Tanzina Bobby Liza. Advocate Md Bayezid also assisted them.
Earlier, on January 5, writ petitioner and lawyer Ilias Ali Mondal had served a legal notice on the government over the issue.
The notice stated that the majority of Bangladesh’s citizens are Muslims and that since independence educational institutions have remained closed during Ramadan — which it described as law, practice, and policy — and accordingly all educational institutions remain closed during the month.
It cited Article 31 of the Constitution, which states that nothing can be done without law, and Article 152(1), under which “law” includes any custom or usage having the force of law in Bangladesh. Therefore, it argued, the government’s “controversial” decision to keep primary and secondary schools open during Ramadan was unconstitutional.
The notice further said young students of primary and secondary schools travel to school and attend classes throughout the day and, after becoming tired, face difficulty in observing fasting, creating a risk that they may move away from the habit of fasting, which it said obstructs the practice of religious rituals.
It also said keeping schools open during Ramadan causes severe traffic congestion in cities, leading to extreme suffering for city dwellers, which is undesirable. The notice requested that schools remain closed during Ramadan.
After receiving no response to the notice, the writ petition was filed with the HC on January 20.