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The Appellate Division of the Supreme Court on Sunday refused to stay a High Court verdict issued on May 21 declaring illegal the admission of 169 overage children in Class I of Viqarunnisa Noon School and College. 

The judge in chamber, Justice M Enayetur Rahim, passed the order after hearing a petition filed by the guardians of the 169 students seeking an order to continue their education at the school, by staying the High Court verdict.   


The High Court in its verdict, asked the principal of the school to remove the 169 disqualified children and enroll the waiting children in the class in 15 days following the admission rules set out by the education ministry in 2023.

The bench of Justice JBM Hassan and Justice Razik-Al-Jalil pronounced the verdict after disposing of two writ petitions — one by some parents of 137 children, who are on the waiting list and another by the parents of disqualified students.

The Directorate of Secondary and Higher Education asked the institution’s principal on February 27 to inform the directorate after cancelling the admission of the children. 

And the school later cancelled admission of the 169 children and the directorate submitted the list of the children to the High Court on March 6 complying with its directive issued on January 23.

Lawyer Mustafizur Rahman Khan appeared for the dropped students while lawyer Shamim Sarder represented the waiting students.

The School was represented by lawyer Rafiul Islam while deputy attorney general Kazi Mynul Hassan appeared for DSHE.