High Court stays office order cancelling Fazil, Kamil madrasas’ governing bodies
The High Court has stayed the operation of an office order issued by Islamic Arabic University cancelling the governing bodies and ad hoc committees of Fazil and Kamil madrasas across the country.
The court also issued a rule asking why the blanket cancellation of the committees should not be declared illegal. The respondents have been given four weeks to respond.
A High Court bench comprising Justice Sikder Mahmudur Razi and Justice Fatema Anwar passed the order on Monday.
The order came following the preliminary hearing of a writ petition filed by the president of Charfesson Karamatia Kamil Madrasa in Bhola district. Advocate Parvez Hossain represented the petitioner in court.
After the hearing, the lawyer told reporters on the Supreme Court premises that there were specific legal procedures for forming and dissolving the governing bodies of madrasas.
“If an institution or committee violates the law, the authorities have the power to take action after issuing a show-cause notice and conducting an investigation. But cancelling the governing bodies of all madrasas across the country through a single letter, without any notice or investigation and in the absence of an emergency, is entirely contrary to the law,” he said.
Explaining the background, he said: “Due to the different circumstances and emergency situation following Aug 5, universities and education boards had been compelled to dissolve the committees in place at the time. However, under the current normal circumstances, this decision was taken without following due legal procedures and was motivated by ulterior motives and malice.”
Earlier, Islamic Arabic University (IAU) cancelled the governing bodies and ad hoc committees of Fazil and Kamil madrasas across the country on Oct 19, following a decision taken at the university's 43rd Syndicate meeting on Oct 15.
The decision was announced in an office order signed by the university's Registrar, Prof AK Md Nurul Islam.
The order instructed the madrasas to submit proposals for forming ad hoc committees in accordance with the relevant regulations as soon as possible.
Outlining the proposed structure of the ad hoc committees, the order said the respective deputy commissioners (DCs) would serve as presidents of madrasas located in district headquarters, while additional deputy commissioners (ADCs) would head committees of madrasas situated outside district headquarters.
It also designated district education officers at the district level and Upazila secondary education officers at the Upazila level as education sector members of the committees.
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