SC suspends HC order on school closure during Ramadan

The Appellate Division of the Supreme Court (SC) on Monday suspended a High Court (HC) directive that had mandated the closure of all government and private lower secondary and secondary schools during the month of Ramadan.

The stay order, issued by Chamber Judge Justice Farah Mahbub, provides immediate relief to the government, allowing schools to remain open during the holy month while the matter is under review.

Additional Attorney General Anik R Haque represented the state in court and argued in favour of keeping the HC order suspended.

The original HC ruling, delivered on 14 February by a bench comprising Justice Fahmida Kader and Justice Md Asif Hassan, had instructed authorities to close schools for the entire month of Ramadan.

This followed a writ petition filed by the SC lawyer Md Ilias Ali Mondol, supported by Advocate Tanzina Bobby Liza, challenging the government’s decision to keep schools operational during Ramadan.

In his petition, Mondol argued that, with nearly 98 per cent of the population being Muslim, Bangladesh has historically closed educational institutions during Ramadan, and this practice has become part of established custom and policy, citing Article 152(1) of the Constitution.

He also referred to Article 31, which guarantees the protection of law, claiming that keeping schools open was inconsistent with constitutional protections.

The petition further highlighted practical and welfare concerns, noting that fasting students attending full school days could face physical strain and religious challenges, potentially discouraging them from observing Ramadan.

It also raised worries about increased traffic congestion in major cities during the holy month.

Prior to filing the petition, Mondol had sent a legal notice on 5 January to the Ministry of Education and the Ministry of Primary and Mass Education, urging the authorities to close schools during Ramadan. No response was received, prompting the legal challenge that led to the HC order.

With Monday’s Appellate Division decision, schools can continue normal operations during Ramadan until a final verdict is reached. The ruling underscores the ongoing debate between maintaining traditional practices and adapting administrative decisions to modern schedules.