The High Court has issued a rule nisi against the expulsion order of Sumaiya Binte Ikram and Anika Tabassum Mim, students of 46th batch of the anthropology department of Jahangirnagar University (JU), for allegedly 'physically abusing' a senior student.
A rule nisi is a court order that will come into force unless respondents can show cause to the contrary.
For now, the students will be able to continue their examinations and regular educational activities till the rule is settled. The Supreme Court's Chamber Judge's Court also dismissed the leave (leave to appeal) of the university authorities against the High Court's order.
Zafar Ahmed and Kazi Zinat Haque bench issued the 'Rule Nisi' on February 20 (Sunday) in the wake of the write petition filed by Sumaiya Binte Ikram and Anika Tabassum Mim.
On January 26, the High Court ordered the expulsion of Jahangirnagar University student Sumaiya Binte Ikram (Petitioner-1) for one year and Anika Tabassum Mim (Petitioner-2) for six months without 'hearing' and 'show cause notice' by the university administration.The High Court has directed in the next four weeks (March 20, 2022) to show cause.
In the interim, the registrar of the university is directed to allow the writ petitioners to continue their studies regularly and take part in the upcoming examinations. However, their results will remain unpublished until the rule is finalised.
Later, the registrar of the university filed a leave to appeal against the order of the High Court. On March 2, the Supreme Court's chamber judge ordered a "no order" after hearing both sides. That is, he dismissed the appeal and upheld the order of the High Court.
Controller of Examinations Farid Ahmed said, "I have not received any such court order till noon on Thursday and I am not aware of the whole matter. I can tell you when the court order comes next Sunday. "
In this regard, the Chairman of the Department of Anthropology, Professor Sayeed Ferdous said, "Now no classes of this batch (46) are running. As two exams have been postponed, the exams are scheduled from Mar 6-9. We have always respected the orders of the High Court."
"Earlier the aggrieved students gave us a copy. We do not have the authority to accept that. The university will look into it and direct the department. However, the University Registrar is going to appeal against the High Court order - I was told this verbally. If the appeal is rejected, there is no legal impediment for them to sit for the examination. I will inform the registrar about this."
Despite several attempts, it was not possible to get through to the registrar of the university.