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A major legal hurdle has been cleared for the appointment of principals and vice-principals to 13,559 posts at MPO-listed schools, colleges and madrasas after the Appellate Division’s Chamber Court stayed a High Court ruling on the requirement of 18 years of teaching experience.
As a result, candidates who have already passed the written examination under the 18-year experience requirement will be able to sit for the viva voce examinations, scheduled to begin on October 15.
However, the court ordered that 46 posts be kept reserved for the 46 teachers who had filed the writ petition.
The order was passed on Tuesday by Justice Md Rezaul Haque, sitting as Chamber Judge of the Appellate Division, following an application filed by the education secretary.
Attorney General Barrister Md Ruhul Quddus Kazal and Deputy Attorney General Osman Chowdhury represented the state.
Speaking to reporters after the order, the attorney general said an amendment introduced on March 25 this year set 18 years of teaching experience as a requirement for appointment to the head teacher post.
He said the 2021 manpower structure had provided two routes for appointment. Teachers serving as assistant head teachers were required to have a total of 15 years’ experience, including three years as assistant teachers, while there was also a provision for direct recruitment.
The March 25 amendment increased the required experience to 18 years.
Forty-six teachers challenged the amendment in the High Court. After hearing the writ petition, the court struck down the 18-year experience requirement and made its rule absolute.
The government, through the Education Ministry and the Non-Government Teachers’ Registration and Certification Authority (NTRCA), later appealed against the High Court judgment.
The Chamber Court has now stayed the operation of the High Court ruling, clearing the legal way for the recruitment process to move forward.
The written examination for the 13,559 principal and vice-principal posts has already been held. With the High Court judgment stayed, candidates who passed the written test under the 18-year experience requirement can now take part in the viva.
The viva examinations are scheduled to begin on October 15. Except for the 46 posts reserved for the writ petitioners, there is no longer any legal impediment to proceeding with the appointments, the attorney general said.