SC Clears Way for Recruitment of 32,000 Primary School Head Teachers

The Appellate Division of the Supreme Court on Thursday allowed the state's appeal against a High Court judgment that had previously declared certain provisions of the private primary schools (Teachers' Terms and Conditions of Service) rules for acquired schools illegal.

"The apex court judgment verdict has removed the legal hurdles to the recruitment of 32,000 primary school head teachers across the country," said Attorney General Barrister Md Ruhul Quddus Kazal following the decision.

The legal dispute dates back to 2017, when teachers of nationalised primary schools that had originally been private institutions filed a writ petition. 

The petition challenged a specific section of Rule 9(1) of the Teachers' Service Rules for acquired private primary schools, which governs the seniority and promotion of teachers. 

Following a comprehensive hearing, the High Court issued a rule and subsequently passed its verdict on March 11, 2019, declaring the relevant portion of Rule 9(1) unconstitutional on the grounds that it was inconsistent with the Constitution.

In response to the High Court ruling, the state filed a petition seeking leave to appeal. 

The Appellate Division granted the leave and stayed the operation of the High Court judgment, after which the government filed its substantive appeal in 2023. 

During this period, teachers who had been recruited directly to government primary schools also filed separate petitions before the Appellate Division.

The final verdict was delivered on this day by a four-member bench of the Appellate Division, which was headed by Chief Justice Justice Zubayer Rahman Chowdhury, effectively allowing the state's appeal.

During the court proceedings, Attorney General Md Ruhul Quddus Kazal, Additional Attorney General Aneek R Haque and advocate Muntasir Uddin Ahmed, who served as counsel for the Education Ministry, moved the appeal before the apex court. 

Conversely, senior advocates Salah Uddin Dolon and Md Miftah Uddin Chowdhury argued on behalf of the writ petitioners, while senior advocate Ramjan Ali Shikder stood for the primary school teachers.