Dhaka, Feb 7 (UNB) - The High Court on Thursday declared a government policy valid, barring teachers of both government and private educational institutions from getting involved in coaching business.
The HC bench of Justice Sheikh Hassan Arif and Justice Razik-Al-Jalil passed the verdict after the final hearing on five writ petitions filed between 2011 and 2018.
Earlier on January 27, the court fixed February 7 for passing its judgment after hearing the writ petitions and rule issued earlier in this regard.
Following the court order, no teacher can directly be involved with any coaching centre operating commercially, said deputy attorney general Md Mokhlesur Rahman.
He, however, said institution heads can arrange additional classes either before or after the regular classes for interested students following requests made by their guardians. “And the policy mentions how much fee will be charged for it.”
The government announced a policy titled ‘Policy-2012 to stop teachers from doing coaching business in educational institutes’ on June 20, 2012.
As per the policy, a teacher can teach a maximum of 10 students of other institutions a day with prior permission from the head of their institutions.
For doing so, the teacher will have to notify his/her school head of the students.
The policy also prevented teachers from doing private tuition during school hours.
In its observations, the court said there is no scope for teachers of government and private schools and colleges to get involved in coaching business as per the 2012 policy. They can also not do coaching business as per the service rules and they enter their jobs accepting the service rules.
The court also said governments in developed countries can issue circulars, notifications, directives and policies time and time for implementing laws and it is their constitutional right. “The government neither violated the constitutional nor legal right of the writ petitioners issuing the policy banning the coaching business. So, the policy is valid.”
In 2011, President of Ideal School Guardians’ Forum M Ziaul Kabir Dulu filed a writ petition with the High Court seeking its directives to stop the coaching business whereby the court directed the government to formulate guidelines in this regard.
While the writ was pending, the court announced the ‘Policy-2012 to stop teachers from doing coaching business in educational institutes’ on June 20, 2012.
Challenging the policy, a writ petition was filed in 2012 and a rule was issued in this regard.
Following an investigative report published on a daily on April 4, 2017, the Anti-Corruption Commission launched a probe on coaching business.
On December 2, 2017, it put forward a report to the authorities concerned with some recommendations, including taking actions against those involved in coaching business.
Following the report, the Directorate of Secondary and High Education (DSHE) took departmental actions, including transfer of teachers of renowned teachers of the capital and issuing show-cause notices to them.
Later, Viqarunnisa Noon School and College teacher Dr Farhana Khanam filed a writ petition with the HC challenging the policy and actions of the DSHE. Motijheel Govt Boys’ High School teacher M Kabir Chowdhury filed another writ challenging the policy and the DSHE letter taking action against 25 government teachers.
Besides, several teachers of Dhanmondi Govt High School lodged a writ challenging their transfer and show-cause notices.
The court rejected the writs filed by the teachers of Motijheel Govt Boys’ High School and Dhanmondi Govt High School, saying the activities of the DSHE notice will continue against them.
The court granted the writ petition filed the Viqarunnisa teacher and declared the departmental action illegal.