The High Court has issued a rule asking why the decision to transfer students of the 2021-22, 2022-23 and 2023-24 academic sessions at the seven colleges affiliated with Dhaka University to the newly established Dhaka Central University, through academic migration, should not be declared to be without lawful authority.
A bench of Justice Mohammad Ullah and Justice Kazi Waliul Islam issued the rule on Tuesday after a preliminary hearing of a writ petition filed by four students challenging the legality of the decision. The court also stayed the transfer for two months in the case of the four petitioners.
The petitioners’ lawyer, Kazi Akhter Hossain, said a meeting on August 23 decided to complete the process of transferring the Seven College students to Dhaka Central University.
On that basis, the Dhaka Central University authorities issued a roadmap on August 27.
The roadmap said students admitted to the seven colleges affiliated with Dhaka University in the 2021-22, 2022-23 and 2023-24 sessions would be transferred to Dhaka Central University in their respective programmes through academic migration. Four students from four of the colleges filed a writ petition in the High Court this month challenging its legality.
The petitioners’ lawyer argued that section 59(4) of the Dhaka Central University Act provides for undergraduate students of the 2024-25 session to receive Dhaka Central University certificates through Dhaka University, subject to meeting the prescribed academic structure and curriculum.
The law makes no provision, however, for transferring students of the three sessions admitted before that.
A law generally applies from the time it takes effect, the lawyer said; to bring past matters within its scope, the law must say so explicitly. Transferring students of earlier sessions by administrative decision or roadmap could therefore create uncertainty about their academic identity, the continuity of their studies and the rights they have already earned. Senior advocate Mostafizur Rahman Khan and advocate Kazi Akhter Hossain argued for the writ, assisted by advocates Tasbir Sharif and Jahangir Alam. Deputy attorney general Tanim Khan represented the state.
Kazi Akhter Hossain said the roadmap issued on August 27, based on the decision of the August 23 meeting, has been stayed for two months for the four petitioners.
Deputy attorney general Tanim Khan said, however, that the roadmap will continue to be implemented for the other students, and is stayed only for the four petitioners.
In 2017, seven government colleges were moved from National University to affiliation with Dhaka University: Dhaka College, Eden Mohila College, Government Titumir College, Government Bangla College, Begum Badrunnessa Government Mohila College, Government Shaheed Suhrawardy College and Kabi Nazrul Government College.
After various problems arising from the affiliation drew debate, it was announced in January last year that the seven colleges would be separated from Dhaka University. Moves then began to merge the colleges into a new Dhaka Central University. An ordinance to that effect was issued on February 8, and the Dhaka Central University Act was passed on April 10.
বাংলায় মূল প্রতিবেদন পড়ুন · Read the original Bengali report