The court, however, did not issue a stay order to the appointment circular
The High Court has cleared the way for newly appointed principal of Viqarunnisa Noon School and College (VNSC) Prof Fougia Rezwan to join her post.
The court withdrew its stay order on her becoming principal, but also issued a rule asking the government to explain in four weeks why the appointment of Prof Fougia should not be declared illegal.
The bench of Justice M Enayetur Rahim and Justice Md Khairul Alam issued the rule while hearing a supplementary petition in this regard on Tuesday.
Advocate Eunus Ali Akond stood for the petition seeking the stay on her appointment, while Attorney General Mabubey Alam and Deputy Attorney General Amit Das Gupta represented the state.
State lawyer Amit Das Gupta said: “The High Court has issued a rule in this regard but did not pass a stay order. Therefore, there is no bar on Fougia Rezwan to join as the new principal.”
Earlier on Monday, the High Court had stayed the joining of the newly appointed principal of Viqarunnisa Noon School and College following a petition challenging the appointment filed by Advocate Eunus Ali Akond.
According to the Teachers’ Service Regulation 1979, only the governing body of Viqarunnisa Noon School and College has the authority to appoint a principal, the petition said.
However, the government ignored the rules and appointed Fougia, who is an official of the Directorate of Secondary and Higher Education (DSHE), as principal on Sunday. As such, the appointment procedure was in contravention of the law, the petition argued.
Advocate Akond applied for a rule, and in the interim the petitioner asked the court to stay the appointment order while the rule hearing was in progress.
Eleven persons were made respondents to the petition, including the secretary to the Ministry of Education, chairman of Dhaka Education Board, principal of Viqarunnisa Noon School and College, and the District Commissioner of Dhaka.
Viqarunnisa Noon School and College fell into turmoil in December 2018, when acting principal Nazneen Ferdous and two other teachers were removed on allegations of instigating a student to commit suicide.