SC halts HC order on Ramadan school closure

The Supreme Court chamber judge today stayed a High Court order that directed the government to keep all secondary schools closed throughout the month of Ramadan.

The secondary schools will remain open till the first 18 days of Ramadan in line with the government decision following the apex court chamber judge’s order, Acting Attorney General Md Arshadur Rouf told The Daily Star.

Justice Farah Mahbub, chamber judge of Supreme Court’s Appellate Division, also asked the government to file a leave to appeal petition with this court against the HC order after receiving the certified copy of the order.

The apex court chamber judge passed the order following a petition filed by the government, seeking stay on the HC order.

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Yesterday, the HC bench of Justice Fahmida Quader and Justice Md Ashif Hasan ordered the government to keep all secondary schools closed throughout the month of Ramadan.

The bench, however, said both private and public schools can conduct scheduled public exams -- if there are any -- during this period, Deputy Attorney General Md Shafiqur Rahman told The Daily Star.

It also issued a rule asking the authorities concerned of the government to explain why the decision to keep public and private secondary schools open for the first 18 days of Ramadan should not be declared illegal and unconstitutional.

The HC bench issued the order and rule following a writ petition filed by SC lawyer Advocate Elyas Ali Mondal, seeking necessary directives.

He submitted the petition as a public interest litigation to the HC on January 20, saying that the education ministry issued two separate notices on December 26 last year over the closure of the schools and madrasas during the holy Ramadan this year.

In a notice, the ministry said the madrasas across the country will remain closed throughout Ramadan and in another notice, it said the secondary schools will remain open till the 18th Ramadan.

Citing the petition, Advocate Elyas told The Daily Star that most of Bangladesh’s citizens are Muslims.

Since the country’s independence, educational institutions have traditionally remained closed during Ramadan, he said, adding that keeping the secondary schools open till the 18th Ramadan is "discriminatory, illegal and unconstitutional".

The acting attorney general and additional attorney general represented the government during hearing of the stay petition today.