SC stays HC order on school closure

Staff Reporter :

The chamber court of the Appellate Division of the Supreme Court of Bangladesh on Monday stayed a High Court order that had directed the closure of all government and non-government lower secondary and secondary schools during the holy month of Ramadan.

Chamber Judge Justice Farah Mahbub passed the stay order after hearing an appeal filed by the state challenging the directive issued by the High Court Division.

The judge ordered that the stay would remain in force “until filing of the regular leave to appeal petition.” The government was represented by Additional Attorney General Barrister Aneek R Haque, who moved the plea before the chamber court.

The stayed order had been issued a day earlier, on 15 February, by a High Court bench comprising Justice Fahmida Quader and Justice Md Ashif Hasan.

That bench directed the authorities to keep all government and non-government lower secondary and secondary schools closed from 18 February throughout Ramadan.

However, the court made it clear that any examinations scheduled during the period must be held as planned.

The High Court directive was issued along with a rule after hearing a public interest writ petition filed by Supreme Court lawyer Md Ilias Ali Mondol. Mondol submitted the writ on 20 January, seeking a court order to shut lower secondary and secondary schools during Ramadan.

Prior to filing the petition, he had served legal notices on 5 January to the secretaries of the Ministry of Education and the Ministry of Primary and Mass Education, urging them to take steps to close schools during the fasting month.

In his petition, Mondol argued that keeping schools open during Ramadan places undue physical strain on students, who often spend long hours commuting and attending classes while fasting.

He contended that this makes it difficult for students to properly observe the religious obligation of fasting.
He also pointed to severe traffic congestion in major cities during Ramadan, claiming that prolonged travel times would cause additional hardship for students and their families.

According to the petition, the continued operation of schools during the holy month violates Articles 31 and 152(1) of the Constitution by undermining students’ wellbeing and their ability to observe religious practices.

With the Appellate Division’s stay order now in place, the High Court directive on school closures will remain suspended until further proceedings are initiated through a regular leave to appeal petition.