The Appellate Division on Thursday stayed until October 3 the High Court order that stayed a government decision for deduction of five marks from the aggregate score of the second-time admission seekers of medical and dental courses for this year.
The vacation judge-in chamber, Justice Hasan Foez Siddique, also fixed October 3 for hearing by the regular court on the appeal filed by the government challenging the High Court order.
The admission test of medical and dental courses is scheduled to be held on October 6.
Earlier on Tuesday, a vacation High Court bench of Justice M Enayetur Rahim and Justice Md Jahangir Hossain also issued a rule asking the government to explain in four weeks why its decision over deduction of five marks for the second-time admission seekers would not be declared illegal.
Health ministry secretary, Bangladesh Medical and Dental Council chairman, director general of Directorate General of Health Services, and Dhaka University vice-chancellor were made respondents to the rule.
The bench passed the order after hearing a writ petition filed by Supreme Court lawyer Eunus Ali Akond, also the father of a second-time admission seeker.
During the hearing, the court wanted to know from the attorney general what prompted the government to issue the order on August 20 to deduct five marks for the second-time admission seekers just months before the admission test.
Petitioner Eunus Ali Akond argued that the health ministry decision for deduction of marks was illegal, malafide and arbitrary as the National Education Policy 2010 and the Medical and Dental Council Act 2010 provide no such condition regarding admission for MBBS and BDS courses.
He said that the decision was the outcome of collusion among the respondents and the private medical colleges.
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