High Court Division · Special Original Jurisdiction
Md. Alkas Uddin Ahmed v Government of Bangladesh and others
Writ Petition 12205/2024 · Decided 20 August 2026
The petitioner, Headmaster of Golam Nabi Model Pilot High School in Kaliakore, Gazipur, said a group forced him to sign a resignation letter on 14.08.2024. He made a police general diary entry and representations to the authorities. After an inquiry found that he had been forced to resign, the Ministry of Education directed action, and the Board directed the President of the Managing Committee to reinstate him with dues, but no step was taken. The President argued that the forced resignation raised disputed facts. The High Court Division held that the resignation was obtained by force and was not valid, that the procedure under regulation 10 of the 1979 Service Regulations had not been followed, and that no Managing Committee resolution accepting it was produced. The Board's direction was binding and non-compliance was a failure of statutory duty. The Rule was disposed of with a direction to reinstate the petitioner, failing which the authorities must take punitive action against the defaulters.
- Q1
Whether a headmaster's resignation signed under force on 14.08.2024, and never accepted by the Managing Committee, was legally valid.
- Q2
Whether the President of the school Managing Committee was bound to comply with the education authorities' direction to reinstate the headmaster.
- A resignation obtained by force or coercion against the teacher's will is not legally valid.
- Regulation 10 of the 1979 Service Regulations prescribes when and how a teacher may resign, including prior written notice, and that procedure was not followed in the petitioner's case.
- A headmaster's resignation takes effect only through a Managing Committee resolution accepting it, notice to the competent authority and a release order, and none was produced.
- The Board's supervisory directive to the Managing Committee was binding, and deliberate non-compliance amounted to colourable exercise of power and failure of statutory duty.
- If the direction to reinstate is not complied with, the authorities must take punitive action, including dissolving the Managing Committee, removing its President and recommending stoppage of the head of institution's MPO.
The resignation letter, the enquiry report, and the surrounding circumstances show that the petitioner’s signature on the resignation letter was obtained forcibly and against his will. Such a resignation is not legally valid.
In the court’s own words.
Writ Petition 12205/2024, as published by the Supreme Court of Bangladesh. 8 pages, with paragraph numbers for citing.
1
IN THE SUPREME COURT OF BANGLADESH
HIGH COURT DIVISION
(SPECIAL ORIGINAL JURISDICTION)
Writ Petition No. 12205 of 2024
IN THE MATTER OF:
An application under Article 102(2)(a)(i) of the
Constitution of the People’s Republic of Bangladesh.
AND
IN THE MATTER OF:
Md. Alkas Uddin Ahmed
….Petitioner
Versus
The Government of the People's Republic of
Bangladesh, represented by the Secretary, Ministry
of Education, Secretariat Building, Ramna, Dhaka
and others
….Respondents
Mr. Md. Zahurul Islam Mukul, Advocate with
Mr. Manabendra Ray, Advocate
….For the Petitioner
Mr. S.M. Rezaul Islam, Advocate
…. For the respondent No. 8
Present:
Mr. Justice Md. Iqbal Kabir
And
Mr. Justice S M Saiful Islam
Judgment on 20.08.2026.
Md. Iqbal Kabir, J:
1This Rule Nisi was issued calling upon the respondents to show cause as to why the respondents should not be directed to take proper and necessary steps to withdraw or cancel the forceful resignation as taken from the petitioner from his service as the Head Master of Golam Nabi Model Pilot High School, Kaliakore, Gazipur from 14.08.2024 (Annexure-B) by taking into consideration the letter of the Government dated 27.08.2024 as contained in Memo No. 37. 00. 0000. 061. 018. 16. 2016-193 and also the letter dated 03.09.2024 contained in Memo No. 37. 00. 0000. 061. 018. 16. 2016-199 issued under the signature of the Deputy Secretary, Ministry of Education, Administration and Establishment Branch, Secondary and Higher Education Division, Ramna, Dhaka (Annexure-H & I) should not he declared to have been done without any lawful authority and is of no legal effect and/or pass such other or further order or orders as to this Court may seem fit and proper.
2At the time of issuance of the Rule, this Court also passed the interim order in the following terms:
“Pending hearing of the Rule, let operation of the impugned
forceful resignation letter taken from the petitioner from his service
as the Head Master of Golam Nabi Model Pilot High School,
Kaliakore, Gazipur from 14.08.2024 (Annexure-B) be stayed for a
period of 03 (three) months from date.”
3Short facts narrated in this application are that the petitioner is a citizen of Bangladesh and the Headmaster of Golam Nabi Model Pilot High School, Kaliakore, Gazipur. He was appointed upon compliance with all laws and rules applicable at the time of appointment. However, on 14.08.2024, a group of miscreants forcefully took a signature on a resignation letter of the petitioner against his will. Against which, the petitioner made a GD Entry with the Kaliakore Police Station, Kaliakore, being No. 338 dated 15.08.2024. The petitioner filed a representation dated 24.08.2024 before the Upazila Nirbahi Office, Kaliakore, and the President, Managing Committee of the School, Gazipur/respondent No. 6 relating to such resignation and requested him to take necessary steps over the matter. Since the respondent did not take appropriate initiative, hence this application.
4Mr. Md. Zahurul Islam Mukul, the learned Advocate for the petitioner, submits that after 05.08.2024, forceful resignations and illegal occurrences have taken place. Knowing such forceful resignation respondents/ Ministry of Education issued a memo dated 03.09.2024 to prevent such activities. However, he claims the alleged incident was inquired into and, based on the inquiry report dated 04.01.2026, the respondent No. 2 was directed to take necessary steps.
5He submits that addressing Managing Committee resignation letter has to be submitted. According to him, the alleged resignation letter was taken forcefully; thus, it was addressed to the Upzallia Secondary Education Officer instead of the Managing Committee with a wrong spelling. However, soon after the alleged occurrence, the petitioner made several representations addressed to the Upazila Nirbahi Office, and President, Managing Committee of the School, dated 24.08.25, District Education Officer, Director General, Directorate of Secondary and Higher Secondary Education, Chairman, Secondary and Higher Secondary Education Board, Dhaka, all dated 20.08.2024, informing the authority concerned of the alleged occurrence and sought intervention from the authority concerned.
6He argues that the Board has the power to review any order or decision made by the Managing Committee; according to him, the Managing Committee
of a school is under the Board’s supervision and control, and the Board has authority to pass whatever appropriate order it considers necessary. Therefore, the respondents are required to be directed to take proper and necessary steps to withdraw or cancel the so-called resignation letter of the petitioner from his service as the Headmaster of Golam Nabi Model Pilot High School, Kalikore, Gazipur.
7Mr. S.M. Rezaul Islam, the learned Advocate appearing on behalf of the respondent No. 8 submits that the petitioner challenged his own resignation; further, the resignation was obtained by force, raising disputed questions of fact requiring oral and documentary evidence. However, he submits subsequent memo was issued during the pendency of the Rule while the validity of the resignation was already sub judice.
8We have heard the learned counsel for both the sides and perused the writ petition, supplementary affidavit and affidavit-in-opposition and also other connected papers and documents.
9Upon perusal of Annexure-A-1, it appears that the name of the petitioner was wrongly recorded therein, which prima facie indicates that the petitioner’s signature was obtained on a written application without properly reflecting his name and/or intention.
10The petitioner, on 13.01.2025, by filing an application, requested Respondent No. 8 to reinstate him as Headmaster and to pay all due salary and benefits as per the order and direction of the Respondent No. 3, dated 08.01.2026. Thereafter, again on 07.06.2026, this petitioner filed another application to the Respondent No. 8 to do the needful in accordance with the directions given by the Respondent No. 3, dated 08.01.2026, but no step has been taken by the Respondent No. 8 to reinstate as per the direction.
11Mr. Zahurul submits that in view of the above, the petitioner had no alternative equally efficacious remedy available in law. Therefore, petitioner redress to this Court and sought direction upon the Respondents to take necessary punitive action and administrative action against the Chairman and the Member Secretary of the Managing Committee for their willful silence in reinstating the petitioner in his service.
12It is pertinent to note that by this time, upon considering the situation and request made by the petitioner by the above-noted representation, Respondent/Authorities have taken initiative and issued a memo dated 27.08.24; the subject matter of the memo was ¢houx ¢hcÉj¡e f¢l¢ÙÛ¢a−a ¢nr¡ fË¢aù¡epj§−ql p¡¢hÑL p¤ù¥ f¢l−hn hS¡u l¡M¡z
EfkѤš² ¢ho−ul f¢l−fË¢r−a S¡e¡−e¡ k¡−µR ®k, ®c−nl ¢h¢iæ ÙÛ¡−e ¢LR¤ ¢hnÄ¢hcÉ¡mu, L−mS J
13ú¥−ml fËd¡e h¡ AeÉ B¢dL¡¢lLN−Zl ¢hl¦−Ü e¡e¡ dl−el A¢i−k¡−Nl f¢l−fË¢r−a a¡−cl
fcaÉ¡N/Afp¡l−Zl c¡¢h−a AfË£¢aLl f¢l¢ÙÛ¢al Eáh q−u−Rz ®L¡b¡J ®L¡b¡J ¢nrLNZ
14hÉ¢š²Nai¡−h ®qeÙÛ¡l ¢nL¡l q−u−Re Hhw ÙÛ¡e£u BCenª´Mm¡ f¢l¢ÙÛ¢al Ahe¢a O−V−Rz Hl¦f
AhÙÛ¡ ®j¡−VC L¡jÉ euz
15Further, on 03.09.2024, the Deputy Secretary, Administration and Establishment Section, Secondary and Higher Education Division, Ministry of Education, Dhaka issued a letter about the forced resignation letter of the teachers and employees of the Non-Government Educational Institutions contained in memo No. 37.00.0000.061.018.16.2016-199 dated 03.09.2024; the content of the letter is reproduced herein below:
19 i¡â 1431
16pÈ¡lL eðlx 37.00.0000.061.018.16.2016-199 a¡¢lMx ——————
03 ®p−ÃVðl 2024
17¢houx ¢nrL−cl ®S¡lf§hÑL fcaÉ¡N J ®qeÙÛ¡ hå Ll¡z
18p§œx 37.00.0000.061.018.16.2016-193, a¡¢lMx 27 BNØV 2024z
19EfkѤš² ¢hou J p§−œ¡ÙÛ f−œl Ae¤hª¢šœ²−j S¡e¡−e¡ k¡−µR ®k, ®c−nl ¢h¢iæ ÙÛ¡−e ¢hnÄ¢hcÉ¡mu,
L−mS J ú¥−ml fËd¡e h¡ AeÉ B¢dL¡¢lLNZ−L ¢h¢iæ A¢i−k¡−Nl ®fË¢r−a
20fcaÉ¡N/Afp¡l−Zl OVe¡ OV¡u j¡dÉ¢jL J EµQ ¢nr¡ ¢hi¡N ®b−L ¢hcÉj¡e f¢l¢ÙÛ¢a−a ¢nr¡
21fË¢aù¡epj§−ql ¢nrL, ¢nr¡b£Ñ, A¢ii¡hLpq pw¢nÔø Aw¢nSe fË¢a¢e¢d−cl p¡−b ®k¡N¡−k¡N
22®l−M p¡¢hÑL p¤ù f¢l−hn hS¡u l¡M¡l ¢hou¢V ac¡l¢L Hhw fË−u¡S−e H ¢hi¡N−L Ah¢qa Ll¡l
23SeÉ ®Sm¡ fËn¡pLNZ−L Ae¤−l¡d L−l fœ S¡¢l Ll¡ quz ¢L¿º mrÉ Ll¡ k¡−µR ®k, ®c−nl
24¢h¢iæ fkÑ¡−ul ¢nr¡ fË¢aù¡epj§−q HMeJ ¢nrL−cl ®S¡lf§hÑL fcaÉ¡N J e¡e¡i¡−h ®qeÙÛ¡
25Ll¡l OVe¡ OV−R k¡ ®L¡−e¡i¡−hC NËqZ−k¡NÉ euz H ¢ho−u j¡ee£u ¢nr¡ J f¢lLÒfe¡ Ef−cø¡
Se¡h Ju¡¢qcE¢Ÿe j¡qj¤c E−àN fËL¡n L−l−Re Hhw H dl−el L¡kÑœ²j h−ål Bqh¡e
S¡¢e−u−Rez
…
26In the context, it is pertinent to note that against the occurrence, an enquiry was conducted, and after getting the inquiry report, respondent No.1 vide office memo dated 04.01.2026 directed respondent No. 2 to take appropriate steps about the petitioner pursuant to the report. The content of the letter is reproduced herein below:
27…
20 ®f±o 1432 h‰¡ë
28pÈ¡lL eðlx 37.00.0000.000.072.44.0002.25.3 a¡¢lMx
04 S¡e¤u¡l£ 2026 ¢MËØV¡ë
29¢houx N¡S£f¤l ®Sm¡l L¡¢mu¡®~Ll Ef−Sm¡d£e ®N¡m¡j eh£ j−Xm f¡CmV EµQ ¢hcÉ¡mu-Hl fËd¡e
30¢nrL Se¡h BmL¡R E¢Ÿe Bq−jc-®L üf−c hq¡mz
31p§œx ®Sm¡ fËn¡p−Ll L¡kÑ¡mu, Y¡L¡-Hl pÈ¡lL ew 05.41.3300.019.05.002.25-804; a¡¢lMx
3217/09/2025
33EfkѤš² ¢hou J p§−œl f¢l−fÊ¢r−a S¡e¡−e¡ k¡−µR ®k, N¡S£f¤l ®Sm¡l L¡¢mu¡®~Ll Ef−Sm¡d£e ®N¡m¡j
34eh£ j−Xm f¡CmV EµQ ¢hcÉ¡mu-Hl fËd¡e ¢nrL Se¡h BmL¡R E¢Ÿe Bq−jc-®L ®S¡lf§hÑL fËd¡e
35¢nr−Ll fc q−a fcaÉ¡N Ll¡−e¡ q−u−R Hhw a¡l ¢hl¦−Ü p¤¢e¢cÑø ®L¡e A¢i−k¡N f¡Ju¡ k¡u¢ez
02z Hja¡hÙÛ¡u, Se¡h BmL¡R E¢Ÿe Bq−jc-®L üf−c hq¡m l¡M¡l fË−u¡Se£u hÉhÙÛ¡ NËq−Zl SeÉ
36¢e−cÑnœ²−j Ae¤−l¡d Ll¡q−m¡z
37…
38However, on 08.01.2026, the respondent No. 2 vide his office memo. Y¡¢n−h¡/¢h/245/N¡S£ (Awn-2)/40 specifically directed the respondent No.8 to take appropriate steps to reinstate the petitioner into his post with payment, including all dues while he is entitled, and to inform about the same.
39…
40ew- Y¡¢n−h¡/¢h/245/N¡S£ (Awn-2)/40 a¡¢lMx 08/01/2026
41¢houx üf−c f¤ehqÑ¡m pq h−Lu¡ ®hae-i¡a¡ f¢l−n¡d fËp−‰z
42…
43EfkѤš² ¢hou J p§−œl −fËÊ¢r−a p§−œ¡š² 3-H j¡dÉ¢jL J EµQj¡dÉ¢jL ¢nr¡ ®h¡XÑ, Y¡L¡ LaѪL
44¢e−u¡¢Sa ac¿¹ LjÑLaÑ¡à−ul p¤f¡¢ln Hhw p§−œ¡š² 4-H ®Sm¡ fËn¡pL, N¡S£f¤l LaѪL ac¿¹ fË¢a−hc−el
45p¤f¡¢ln Hhw p§−œ¡š² 6-H jq¡j¡eÉ q¡C−L¡VÑ ¢hi¡−Nl ¢lV ¢f¢Vne ew-12205/2024 Hl ¢e−cÑne¡
46b¡L¡u N¡S£f¤l ®Sm¡l L¡¢mu¡®~Ll Ef−Sm¡d£e ®N¡m¡j eh£ j−Xm f¡CmV EµQ ¢hcÉ¡m−ul ®S¡lf§hÑL
47fcaÉ¡NL«a fËd¡e ¢nrL Se¡h BmL¡R E¢Ÿe Bq−Çjce-®L h−Lu¡ ®hae-i¡a¡¢c pq üf−c f¤ehqÑ¡m
48f§hÑL ¢ejÀ-ü¡rlL¡l£−L Ah¢qa Ll¡l SeÉ ¢e−cÑnœ²−j Ae¤−l¡d Ll¡ q−m¡z
49¢hou¢V Sl¦l£z
50…
51The resignation letter, the enquiry report, and the surrounding circumstances show that the petitioner’s signature on the resignation letter was obtained forcibly and against his will. Such a resignation is not legally valid. The law does not permit a resignation obtained by force or coercion. The Recognized Non-Government Secondary School Teachers (Board of Intermediate and Secondary Education, Dhaka) Terms and Conditions of Service Regulations, 1979 govern the service conditions of teachers. Section 10 of the said Regulations specifically deals with resignation.
52“10. Resignation.-
53(1) Unless otherwise decided by the Managing Committee in special
54circumstances-
(a) a teacher on confirmed appointment shall not resign without
giving-
(i) one month's previous notice in writing of his intention to do
so if the resignation is to be effected during the first half of
the academic year; and
(ii) three months’ previous notice in case the resignation is to
be effected during the last half of the academic year; and
(b) a teacher on probation shall not resign without giving one
month's notice in writing of his intention to do so.
552) Any contravention of the provisions of Sub-regulation (1) shall entail
56forfeiture of pay for the period by which the notice falls short of the
57requirement or such disciplinary action as may be taken for the said
58contravention.”
59Upon plain reading of the above provision, it clearly states when and how a teacher resigns from his service. In the case, the petitioner did not follow the resignation procedure laid down in the above-mentioned regulation. The facts and other correspondence among the authorities show that the petitioner's resignation was not willful.
60In this context, it is pertinent to note that there has to be a structure for an institutional resignation and handover process. Upon receiving the Headmaster’s resignation letter, the Managing Committee should convene a meeting and pass a specific resolution accepting the resignation and recording the effective date of cessation of service. The institution should notify the competent authority of the cessation so that the Headmaster’s government/MPO-related salary or funding is dealt with from the legally effective date. After completion of the required handover, the competent authority should issue an official release order/relieving letter, specifying the effective date of cessation.
61Respondent No. 8 did not produce any such document or any resolution by which it can claim that the resignation has been accepted. It further appears that respondent No. 8 contested the Rule without the decision of the Managing Committee, though he is the President of the Managing Committee; therefore, it is apparent that respondent contested the Rule in his personal capacity, without any resolution of the Managing Committee, which indicates that the refusal to reinstate the petitioner may have been motivated rather than administrative consideration.
62It appears that office of the Ministry by its letter dated 04.-1.26 (Annexure-X-2 and respondent No. 2, vide its office memo dated 08.01.26 (Annexure-X-3) expressly recorded their dissatisfaction with the circumstances and directed respondent No. 8 to take appropriate steps for reinstatement of the petitioner in his post, along with payment of all admissible dues, and informed the concerned authorities accordingly. The contents of the aforesaid Annexure, when considered in their entirety, clearly demonstrate that the purported resignation of the petitioner was not tendered voluntarily or of his own free will. Rather, the subsequent conduct of the competent authority, particularly the
memorandum dated 08.01.2026 and the direction for reinstatement with payment of all outstanding dues, lends further support to the petitioner’s contention that the resignation was not a voluntary act on his part.
63Indeed, the petitioner's resignation lacked legal sanction; the petitioner gets his MPO portion till July 2025 (Annexure-X) in the context Managing Committee of School is legally responsible to allow him to perform as the Headmaster or allow him to continue in his service and/or he is entitled to immediate reinstatement.
64However, under the law and in exercise of its supervisory powers, the Board is competent to review, approve, modify, or disapprove any disciplinary or punitive action proposed by the Managing Committee, and it also has the power to take action. Accordingly, the directive issued by the Board to the President/Chairman and Head Master of the School was binding upon them. Their deliberate non-compliance with such directive amounts to a bad intention, deliberate disobedience and colorable exercise of power. Further, such conduct is inconsistent with the principles of natural justice, administrative propriety, and equity. The respondents are statutorily and legally responsible to ensure and implement the Board's directive. Inaction on their part constitutes administrative negligence and a failure to discharge statutory duty, which is a violation of the petitioner's lawful rights.
65In such a situation, for proper administration of law and justice, the Managing Committee should comply with the decision passed by the Respondents. The Board has adequate powers to ensure compliance, including dissolving the Managing Committee, removing or discharging the Chairman or President of the Managing Committee and recommending the stoppage of the MPO of the Head of the Institution who is also the Member-Secretary of the Managing Committee. These powers further underscore the legal obligation of both the Managing Committee and the concerned governmental authorities to act promptly in this matter.
66Respondent's initiative for the reinstatement of the petitioner is not enough; thus, we are of the view that justice would be met if the Rule is disposed of with a direction.
67Respondents are directed to ensure the reinstatement of the petitioner through Respondent No. 8. The concerned respondents shall, therefore, take all necessary steps to reinstate the petitioner and it is desirable that respondent No. 8 will reinstate the petitioner. If the direction is not complied with, Respondents Nos. 2 to 5 shall take appropriate punitive action against the defaulting respondent/s, including dissolution of the Managing Committee,
removal or discharge of its Chairman/President, and recommendation for stoppage of the MPO of the Head of the Institution, who is also the Member- Secretary of the Managing Committee.
68With the above observations and directions, the Rule is disposed of.
69The order of stay granted at the time of issuance of the Rule is hereby recalled and vacated.
70There will be no order as to costs.
71Communicate the order. S M Saiful Islam, J:
I agree.
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