Begum Rabeya Khatun Chowdhury Memorial Moot Competition, 2019

(An Intra-University Moot Competition)

Facts:

Montoi is democratic country. Montoi achieved its independence after nine months long bloodshed in
1971. They exercised their right to self-determination against a discriminatory regime and gained
independence. Democracy was always the essence of Politics in Montoi. In 2017 Montoi government
introduced a new education format called SRIJONSHIL, where kids will be evaluated and tested on the
basis of analytical questions. It was not well accepted by the masses. But the results of government
exams were tremendous. A independent daily newspaper called Jonokontho, published a report stating
that the Srijonshil system is not at all suitable for our country. They also claimed that teachers were not
well equipped or trained to teach the srijonshil system. An independent study done a reputed
international research institute concluded after a yearlong research that Montoi does not have well
trained teachers who are effective and efficient in teaching the srijonshil system. They also concluded
that the contents were not up to date and there were allegations of corruption during exam time and
result publication. The government retaliated by saying that it was high time that we updated our
education system. They also argued that memorizing will never improve the overall intellect of the
young children. They need to have an analytical mind. In today’s ever changing developing world where
research is the only key to success, creating and nurturing analytical minds is a must.

Now, a NGO called Shikkhar Alo has a filed a writ petition to challenge the effectiveness of Srijonshil
System and asked for a reform in the education system. The court is presented with the following issues,

1. What type of right is Right to Education?

2. Does Shikkhar Alo have the standing to file this writ petition? Do they have the Locus-Standi?

3. Is there a need of reform regarding the education system?

Constitution and all pieces of legislation as well as precedents of Montoi are pari materia with those of
Bangladesh. Questions regarding jurisdiction of the Court cannot be raised; however, admissibility of
the issue(s) can be challenged (if the participants deem fit).

The information and narratives of events used in this problem are collected from news reports and
analysis of Montoi newspapers and research papers available in the internet.