HC questions legality of scrapping recruitment of music and PE teachers

The High Court has issued a rule questioning the legality of the government’s decision to cancel the recruitment of assistant teachers for music and physical education (PE) in primary schools.

A bench comprising Justice Fahmida Quader and Justice Md Asif Hasan issued the rule on Monday, November 10, after a preliminary hearing on a writ petition filed by Supreme Court lawyer Barrister Sarwat Siraj Shukla.

The court directed the Education Secretary, the Secretary of the Ministry of Primary and Mass Education, and the Chairman of the Public Service Commission to submit written explanations within two weeks, stating why the decision to cancel the recruitment should not be declared illegal, invalid, and without lawful authority.

The original recruitment circular, issued on August 22 by the Ministry of Primary and Mass Education, had paved the way for the appointment of assistant teachers in music and PE – a move widely viewed as a step towards promoting holistic education at the primary level.

However, on November 2, the ministry abruptly withdrew the circular and issued a revised notification, effectively cancelling the recruitment process without providing any public justification.

Barrister Shukla, who filed the petition on behalf of affected candidates and education advocates, argued that the decision was arbitrary, violated the principles of natural justice, and contradicted the government’s own commitments to inclusive and child-centred education.

“The state cannot revoke a public recruitment process without compelling, transparent, and legally defensible grounds,” Shukla told reporters outside the courtroom. “This is not merely an administrative adjustment – it is a breach of trust and due process.”

The writ petition names the three state entities involved in the recruitment process as respondents and seeks a judicial declaration that the revised notification is illegal, ultra vires, and void ab initio.

The High Court’s issuance of the rule nisi indicates that it found prima facie merit in the petitioner’s case and will now examine whether the government acted lawfully, followed due procedure, and consulted relevant stakeholders before cancelling the recruitment.

Educators and civil society organisations have expressed concern that removing music and PE teachers from the primary teaching cadre could undermine years of progress in promoting creative, physical, and emotional development among young learners.

The government has not yet issued a public statement on the matter.

A further hearing on the merits of the case is expected once the respondents submit their replies.