MPs can’t head school, college bodies

Supreme Court upholds High Court order

The Appellate Division of the Supreme Court yesterday upheld a High Court verdict declaring illegal the provisions that allow lawmakers to become head of governing bodies of private schools and colleges as per their desire. A four-member bench of the Appellate Division headed by Chief Justice Surendra Kumar Sinha passed “no order” on two separate petitions filed by the principal of Viqarunnisa Noon School and College and its governing body chairman Rashed Khan Menon seeking a stay on the HC verdict.
In an order, the HC on June 1, declared illegal the rules that allowed lawmakers to hold the post of chairpersons in governing bodies of non-government schools and colleges. The HC also cancelled the special governing body of Viqarunnisa Noon School and College (VNSC) led by lawmaker Rashed Khan Menon. It, however, said that existing governing body members of non-government colleges would hold their posts until the expiry of their tenures.
In its verdict, the HC declared illegal Sections 5 and 50 of Secondary and Higher Secondary Education Board Rules-2009, which allowed lawmakers to hold the post of chairperson in the governing body of such educational institutions, on the ground that they were contradictory to Articles 7, 26, 27, 28, 31, 59, 60 and 61 of the constitution. Later on June 8, the two separate petitions were filed by the principal of the VNSC and its governing body chairman Rashed Khan Menon seeking a stay on the HC verdict. However, the chamber judge of the Appellate Division Justice Mirza Hussain Haider sent the appeal to the full bench of the apex court for hearing without giving a stay order. The chamber judge also fixed June 12 for hearing on the appeal at the full bench of the apex court. After hearing on the petitions, the apex court yesterday passed ‘no order’ on the petitions.
The HC order will remain in force until any further order by the apex court on this issue, writ petitioner and lawyer advocate Eunus Ali Akond told reporters after the Supreme Court order.
He, however, said the principal of the VNSC and Menon could move leave to appeals before the apex court after receiving full texts of the apex court verdict.

 

MPs cant head school, college bodies

Supreme Court upholds High Court order

The Appellate Division of the Supreme Court yesterday upheld a High Court verdict declaring illegal the provisions that allow lawmakers to become head of governing bodies of private schools and colleges as per their desire. A four-member bench of the Appellate Division headed by Chief Justice Surendra Kumar Sinha passed no order on two separate petitions filed by the principal of Viqarunnisa Noon School and College and its governing body chairman Rashed Khan Menon seeking a stay on the HC verdict. In an order, the HC on June 1, declared illegal the rules that allowed lawmakers to hold the post of chairpersons in governing bodies of non-government schools and colleges. The HC also cancelled the special governing body of Viqarunnisa Noon School and College (VNSC) led by lawmaker Rashed Khan Menon. It, however, said that existing governing body members of non-government colleges would hold their posts until the expiry of their tenures. In its verdict, the HC declared illegal Sections 5 and 50 of Secondary and Higher Secondary Education Board Rules-2009, which allowed lawmakers to hold the post of chairperson in the governing body of such educational institutions, on the ground that they were contradictory to Articles 7, 26, 27, 28, 31, 59, 60 and 61 of the constitution. Later on June 8, the two separate petitions were filed by the principal of the VNSC and its governing body chairman Rashed Khan Menon seeking a stay on the HC verdict. However, the chamber judge of the Appellate Division Justice Mirza Hussain Haider sent the appeal to the full bench of the apex court for hearing without giving a stay order. The chamber judge also fixed June 12 for hearing on the appeal at the full bench of the apex court. After hearing on the petitions, the apex court yesterday passed no order on the petitions. The HC order will remain in force until any further order by the apex court on this issue, writ petitioner and lawyer advocate Eunus Ali Akond told reporters after the Supreme Court order. He, however, said the principal of the VNSC and Menon could move leave to appeals before the apex court after receiving full texts of the apex court verdict.