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Download PDF The High Court (HC) yesterday declared illegal a decision of the Chittagong University (CU) regarding cancellation of the LLB certificate of Justice Faisal Mahmud Faizee for tampering with his examination results.
The HC verdict came following a long hearing on three writ petitions filed by Faizee and two others challenging the legality of the CU action against them.
The court also directed the university authorities to pay Tk 20,000 to each of the three petitioners as their expenses to run the cases.
The CU’s decision to cancel the petitioners’ LLB results without serving any notices is against natural justice, the court observed in its verdict.
Meanwhile, our CU correspondent reported that the university authorities would challenge the HC verdict in the Supreme Court (SC).
The CU syndicate in its 439 extraordinary meeting on March 3 this year cancelled around 2,000 certificates including those of LLB examinees who passed between 1983 and 1992 on charges of tampering with their tabulation sheets.
The authority also published a gazette notification canceling the LLB certificates of 49 examinees including Justice Faizee and advocates Zia Habib and Jesmin Sultana on March 11.
Faizee and the two others filed writ petitions challenging the gazette notification.
Following the writ petitions, a HC division bench on March 19 issued separate rules upon the university authorities to explain why its action should not be declared “illegal”.
The court also stayed the effect of the gazette notification regarding cancellation of the petitioners’ LLB certificates.
Making the rule returnable within two weeks, the court had also asked the CU authorities to produce the tabulation sheet of Faizee’s examination marks.
According to our CU correspondent, the university authorities would appeal at the Supreme Court appellate division against the HC verdict.
CU Vice-chancellor M Badiul Alam told The Daily Star yesterday afternoon that they would soon appeal in the SC against the verdict.
“We would fight to the last and hope we would get justice in the SC,” he said adding “I would first discuss the matter with our lawyers.”
BNP-led alliance government appointed Faizee as additional judge of the HC division in 2004.
After completion of two years term as an additional judge in 2006, the alliance government had confirmed Faizee as High Court judge.
A large number of Supreme Court lawyers had been demanding Faizee’s resignation or removal alleging his LLB result tempering. Finally, Faizee resigned last month.
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