BANGLADESH NATIONAL CURRICULUM AND TEXT-BOOK BOARD Vs. AM SHAMSUDDIN

JUDGEMENT

(1.) By the impugned Judgment and order dated 11 August 1993 passed in Writ Petition Nos. 321 and 561 of 1987, the High Court Division declared the Note-Books (Prohibition) Act, 1980 (Act No. XII of 1980), hereafter called the Imp Act, to be ultra vires of Article 39(2) of the Constitution and accordingly, struck it down as unconstitutional. The High Court Division, however, granted a certificate under Article 103(2)(a) of the constitution certifying that the cases involved a substantial question of law as to the interpretation of the Constitution particularly Article 39(2) thereof.

(2.) Bangladesh National Curriculum and Text Book Board, respondent No. 3, in the said writ petitions, filed Civil Appeal Nos.76 and 77 of 1993, against the impugned judgment and order passed in the two writ petitions that were, however, barred by 16 days each.

(3.) The Government was also made a respondent in the writ petitions which contested the same by filing separate affidavits-in-opposition. It appears from the impugned judgment that because of the importance of the matters, the learned Attorney- General was called upon by the Court to argue the case on behalf of the respondents which he accordingly did. It was on the prayer of the learned Attorney-General that the High Court Division granted the certificate under Article 103(2)(a) of the Constitution. Surprisingly, however, no appeal was filed on behalf of the Government as required under Order XII rules 2 and 3 of the Rules of this Division, 1988. The learned Attorney-General, the impugned judgment shows, also prayed for stay of the operation of the said judgment pending securing of stay order from this Division and the prayer was allowed for two weeks. On the prayer of the appellant, Text Book Board, the operation of the impugned judgment of the High Court Division was stayed by this Division till 11 November 1993 and by a subsequent order dated 24 November 1993 the operation of the impugned judgment was stayed till disposal of the appeals.