Supreme Court
Appellate Division
(Civil)
Present:
MM Ruhul Amin CJ
Md. Tafazzul Islam J
Md. Abdul Matin J
Md. Abdul Aziz J
Vice-Chancellor, University of Dhaka and others….. Petitioners
Vs.
Ahmed Ar Razi and others………. Respondents
Judgment
April 26, 2009.
Lawyers Involved:
Dr. Rafiqur Rahman, Senior Advocate, instructed by Serajur Rahman, Advocate-on-Record – For the Petitioners.
A. M. Amin Uddin, Advocate, instructed by A. K. M. Shahidul Huq, Advocate-on-Record- For the Respondent No.1.
Not represented – Respondent Nos. 2-4.
Civil Petition for Leave to Appeal No. 2101 of 2008
(From the judgment and order dated 31st August, 2008 passed by the High Court Division in Writ Petition No.6871 of 2007)
Order
MM Ruhul Amin CJ. – This petition for leave to appeal is directed against the judgment and order dated 31st August, 2008 passed by the High Court Division in Writ Petition No.6871 of 2007 making the Rule absolute.
2. Short facts as placed before the High Court Division are that the writ petitioner while a student of 3rd year in Department of International Relations of the University of Dhaka, received a show cause notice on 12.6.2007 from the Member Secretary of Fake Student Investigating Committee, Dhaka University to show cause as to why his admission and all other educational activities should not be cancelled on the allegation that he has obtained admission in the University of Dhaka through forgery. The writ petitioner on 25.6.2007 replied the said show cause notice denying all the material allegations raised against him stating the entire facts regarding his admission, change of department and taking part in course final examinations upto 4 years and prayed for withdrawal of such allegations against him. It has been stated in the writ petition that he had applied for admission in the first year Honours Class of 4th year integrated course, 2002-2003 of ‘Gha’ Unit of the University of Dhaka and was issued with examination admit card, being No. 66940 dated 06.01.2003, pursuant to which the writ petitioner appeared in the admission test and passed the same having placed in merit position No. 2097 and his Code number was 144.35 in the merit list and accordingly he was allowed to be admitted in the Department of Islamic Studies of the University of Dhaka. Later, pursuant to his application and upon considering his status as a ward of Muktijoddha, the Dean Committee of the University of Dhaka in their meeting, held on 3.5.2003 and 13.5.2003, allowed him to change the department from Islamic Studies to the International Relations and the same has been notified by the Deputy Registrar (Education-2) to the Chairman, Department of International Relations on 26.6.2003 under Memo No. ‡iwR/fwZ©/4/2003/38313Ð8 dated 26.6.2003, although the said letter was signed on 25.6.2003. Thereafter the writ petitioner was duly admitted in the said Department of International Relation by paying the requisite fees and submitting the certificate of his father regarding the status of Muktijoddha and commenced his educational activity accordingly. Later the writ petitioner successfully appeared in the fist year course final examination held on 10.4.2004 and also the 2nd year course final examination 2004 held on July, 2005 and further the 3rd year course final examination of 2005 held on 5.9.2006. Thereafter, while the writ petitioner appeared in the 4th year course final examination and waiting for the result, he received the impugned show cause notice which although he duly replied, yet the respondents through the impugned letter cancelled his admission and all academic activities of the writ petitioner as per direction of the Syndicate meeting dated 3.7.2007. Challenging the said cancellation the writ petitioner preferred the instant writ petition before the High Court Division.
3. The writ respondents filed an affidavit-in-opposition on 29.10.2007 and also a supplementary affidavit-in-opposition on 3.7.2008.
4. It has been stated in the affidavit-in-opposition, inter alia, that the writ petitioner is a fake student who managed to obtain an admission in the Department of International Relations of the University of Dhaka by manipulating the Annexure-‘B’ to the writ petition and his name has not been found in the final list of the selected students for admission in the Muktijoddha Quota from ‘Kha’ and “Ga” units of the Sessions 2002-2003. It has also been emphasized that the letter of permission for admission in the Muktijoddha Quota shown in Annexure-‘B’ to the writ petition is a fake letter as evident from the relevant pages of the General Issue Register No. 2489 wherein the page relating to dated 26.6.2003 does not contain the said letter No. 38313-8 dated 26.6.2003. It has also been stated that although the writ petitioner has passed the 3rd year BSS (Honours) course, but since his original admission was a fake one, he cannot take any benefit out of the that examinations and accordingly the highest authority of the University of Dhaka has lawfully cancelled his fake admission in the Department of International Relations of University of Dhaka.
5. By the supplementary affidavit-in-opposition the respondent Nos. 2-6 has stated that some of the officers of the Office of the Registrar of the University of Dhaka having been involved in such forgery of admitting fake student in various department of University of Dhaka, adequate measures have been taken against those corrupt officers and as such the University of Dhaka is not responsible for the corrupt activity of those officers. The respondents prayed for discharge of the Rule.
6. The High Court Division upon hearing the parties made the Rule absolute.
7. We have heard Dr. Rafiqur Rahman, the learned Counsel for the petitioners and Mr. A. M. Amin Uddin, the learned Advocate for the respondent No.1 and perused the impugned judgment of the High Court Division and other connected papers on record.
8. The learned Counsel for the petitioners submits that the High Court Division did not apply its mind to the facts of the case and as such misconceived the law in regard to the provisions of appeal to the Chancellor and wrongly made the Rule absolute. He further submits that the learned Judges of the High Court Division failed to note that Dhaka University is a Body Corporate and has to be used in its name and impleading of the Vice-Chancellor who is just an officer of the University and not the University the writ petition was bad for defect of parties and as such it was an error to make the Rule absolute.
The submissions made merit consideration.
Accordingly, leave is granted on Ground Nos. I and II.
Security of Tk. 1000/- is to be deposited within 1 (one) month.
Preparation of paper book, as prayed for, is dispensed with.
The order of stay granted earlier by this Court shall continue till disposal of the appeal.
Ed.