The Supreme Court’s Appellate Division has published the full text of its verdict allowing the state’s appeal against a High Court ruling that partially favoured teachers of nationalised primary schools, resolving a long-standing legal dispute involving around 32,000 government primary school headteachers.
The 29-page verdict was published on Sunday, October 25. A four-member Appellate Division bench headed by the chief justice delivered the verdict on July 2.
Following the verdict, Attorney General Md Ruhul Quddus Kazal said the ruling had resolved the legal complications surrounding the recruitment of around 32,000 headteachers at government primary schools. He also expressed hope that the decision would have a positive impact on primary education.
According to case records, teachers of formerly private primary schools brought under government control filed a writ petition with the High Court in 2017, seeking seniority based on counting 50% of their previous service, placement on a gradation list, the salary scale applicable to headteachers, and various financial and administrative benefits.
After the initial hearing, the High Court issued a rule. On March 11, 2019, following the final hearing, it partially upheld the petition and declared part of Rule 9(1) of the Nationalised Primary School Teachers (Terms of Service) Rules, 2013 illegal.
The state challenged the ruling before the Appellate Division. On November 20, 2022, the court granted leave to appeal and stayed the operation of the High Court verdict.
The state filed an appeal in 2023, while teachers directly recruited to government primary schools also filed applications before the Appellate Division.
After hearing the appeals, the court ruled in favour of the state on July 2.
The rules governing the terms of service of teachers at nationalised primary schools were introduced on September 29, 2013. Before the nationalisation process, a committee had initially selected 26,193 private primary schools for consideration.
