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The Appellate Division of the Supreme Court (SC) on Monday upheld a High Court order that on Sunday stayed a decision of the government to keep the primary and secondary schools open in Ramadan.
Justice M Enayetur Rahim, Chamber Judge of the Appellate Division of the SC, passed the order following a petition filed by the state challenging the High Court order.
The Chamber Judge, however, sent the petition to its full bench for hearing on Tuesday.
The primary and secondary schools will remain shut on Tuesday, the first day of Ramadan this year, following the Chamber Judge’s order, said the lawyer of the writ petitioner.
On the other hand, Attorney General AM Amin Uddin told reporters that the SC full bench will make a decision regarding the issue.
Following a writ petition, a High Court bench on Sunday stayed for two months a decision of the government to keep the primary and secondary schools open in Ramadan.
The High Court bench of Justice K M Kamrul Kader and Justice Khizir Hayat passed the order after hearing a writ petition filed by a guardian of a student.
Later, the state filed an appeal petition against the HC decision.
Senior Advocate AKM Faiz and Advocate Mahmuda Khanom appeared in the court hearing on behalf of the writ petitioner, while Attorney General AM Amin Uddin and Deputy Attorney General M Saiful Alam represented the state.
The Directorate of Primary Education issued a notification on February 8 saying that the primary schools will remain open for the first 10 days of Ramadan. The same day, the Ministry of Education also issued a notification saying that the secondary schools will remain open for the first 15 days of Ramadan.
Challenging the notifications, Shafiur Rahman Chowdhury, a guardian of a student, filed the writ petition with the HC. Upon hearing the petition, the HC passed an order.
Shafiur Rahman filed the petition on the grounds that it will be difficult for fasting students to attend their classes and examinations, and it is necessary for the school-going children to adopt the practice of fasting.