The Appellate Division of the Supreme Court has cleared the way for appointing head teachers to around 32,000 government primary schools across the country by allowing the state's appeal in a case over seniority and promotion rules.

A bench led by Chief Justice Zubayer Rahman Chowdhury allowed the appeal against a High Court verdict that had declared part of the provisions on seniority and promotion under the Teachers (Terms and Conditions of Service) Rules for Acquired Non-Government Primary Schools unlawful.

Attorney General Md Ruhul Quddus Kazal confirmed the matter.

Speaking at a briefing at his office after the judgment, he said, "The judgment has been delivered in favour of the Government and the State. In other words, the High Court's judgment no longer stands. Under the law, teachers recruited directly to government service will rank above those who joined from acquired non-government primary schools. Today's judgment has affirmed that legal position."

The attorney general added, "Because of this legal dispute, nearly 32,000 primary schools across the country have been without head teachers. In many cases, local authorities may have assigned someone to perform the duties on an interim basis. However, because of this case, the Government could neither appoint nor transfer head teachers. The head teacher posts remained vacant, and the Government could not fill them, resulting in various administrative complications."

"Following today's judgment, those complications will be resolved. The Government will now be able to appoint head teachers, and administrative order will be restored," he said.

According to lawyers involved in the case, the government promulgated the Teachers (Terms and Conditions of Service) Rules for Acquired Non-Government Primary Schools on 29 September 2013.

Before that, a committee formed to prepare the framework for nationalising non-government primary schools selected 26,193 schools for consideration. The government later nationalised those schools.

In 2017, teachers from nationalised non-government primary schools filed a writ petition challenging part of Rule 9(1) of the rules, which deals with seniority and promotion.

Following a preliminary hearing, the High Court issued a rule. After the final hearing, the court delivered its judgment on 11 March 2019, declaring the relevant part of Rule 9(1) inconsistent with the Constitution.

The state later sought leave to appeal against the judgment. On 20 November 2022, the Appellate Division granted leave to appeal and stayed the operation of the High Court verdict.

After obtaining leave, the state filed the substantive appeal in 2023. Teachers who entered government primary schools through direct recruitment also filed appeals before the Appellate Division.

After hearing the matter, the Appellate Division allowed the appeals, clearing the legal hurdle to appointing head teachers in the schools.