High Court declares forced resignation legally invalid, orders reinstatement of teacher

The High Court has ruled that a resignation obtained by force from a teacher has no legal validity and ordered the immediate reinstatement of a headteacher who was allegedly compelled to sign a resignation letter.

The court also warned that failure to implement the order could lead to disciplinary action, including dissolution of the school’s governing body, removal of its chairman and suspension of the acting headteacher’s MPO benefits.

The judgment was delivered by a bench comprising Justice Md Iqbal Kabir and Justice SM Saiful Islam in the case of Md Alkas Uddin Ahmed vs Bangladesh.

The bench disposed of the rule on August 20 after a final hearing of a writ petition filed by Alkas Uddin, headteacher of Golam Nabi Model Pilot High School in Kaliakair of Gazipur.

The full judgment was published recently.

The court found that Alkas Uddin’s resignation was not voluntary and that his signature had been obtained under coercion. It held that existing laws and regulations do not recognise a resignation obtained through force or undue pressure.

According to the case documents, a group of people allegedly forced Alkas Uddin to sign a resignation letter on August 14, 2024. He subsequently filed a general diary with Kaliakair police and informed education authorities. An investigation committee later recommended his reinstatement, and the Dhaka Education Board directed the school to restore him to his post.

After the directive was not properly implemented, Alkas Uddin filed the writ petition. The High Court initially stayed the effectiveness of the resignation for three months and later issued its final ruling.

The court observed that Alkas Uddin had continued receiving salary and benefits under the MPO scheme until July 2025, reinforcing his entitlement to remain in office. It directed the authorities to take all necessary steps to reinstate him immediately.

The court further said deliberate non-compliance with the Education Board’s directives could amount to misconduct, arbitrariness and abuse of power. If the order is not implemented, the appropriate authorities may take action against those responsible, including dissolving the governing body, removing its chairman and stopping the MPO benefits of the acting headteacher.