High Court ruling on private headteacher hiring stayed, clearing way for oral tests

The Appellate Division has stayed a High Court ruling that scrapped the 18-year experience requirement for appointing headteachers at private educational institutions.

The Chamber Court order means candidates who passed the written test under the 18-year requirement can take the oral examination starting Oct 15.

Judge Md Rezaul Karim issued the order Tuesday following an application by the Non-Government Teachers’ Registration and Certification Authority (NTRCA).

Attorney General Ruhul Quddus Kazal represented the state, while former judge and Appellate Division lawyer ABM Altaf Hossain appeared for the petitioners.

Kazal said several provisions of the staffing structure and MPO policy for private schools and colleges were amended on Mar 10, including the 18-year experience requirement for headteachers.

NTRCA subsequently issued a revised recruitment notice on Mar 25.

Teachers challenged the requirement in the High Court. The petition initially had 12 applicants before the number rose to 46.

The Chamber Court also ordered that the posts be reserved for the 46 petitioners.

“Under the previous rules, 12 years of experience was required for the post of assistant headteacher. To apply for headteacher, candidates needed a total of 15 years of teaching experience, including three years as an assistant headteacher. Under the new rules, the experience requirement for both posts was increased to 18 years,” Kazal said.

The High Court issued a rule on Mar 12 and made it absolute on Jul 23, declaring the new requirements and NTRCA notice unlawful.

Altaf said the High Court held that existing laws or rules cannot be changed merely through a government notification.

The revised recruitment notice sought applications for 11,151 vacant posts, including 7,908 under the Directorate of Secondary and Higher Education, 112 under the Directorate of Technical Education and 3,131 under the Directorate of Madrasha Education.