Order barring MPs to head School, College bodies

SC rule out of jurisdiction, says deputy speaker

Deputy Speaker Fazle Rabbi Miah yesterday commented that the Supreme Court (SC) had gone “beyond its jurisdiction” to deliver the verdict on the issue of lawmakers heading governing bodies of private schools and colleges.
“The case was filed in relation to a conflict at one educational institution. I think the court has gone a little beyond its jurisdiction to give its decision. Some lawyers have differed with the judgment,” he observed. MP Abdur Rab came down heavily on the apex court verdict at an unscheduled discussion, saying the verdict has taken away the rights of MPs. “It is true that we will accept the court verdict. But, the question is, who should decide on the matter of MPs becoming heads of governing bodies of private schools and colleges—the education ministry or the court?” Rab asked. Later, the Deputy Speaker said, “I think the education minister should give an opinion or the education ministry should issue a circular in this regard so that all complexities involved in the matter are resolved.” He also urged the leader of the House, Sheikh Hasina, to look into the matter. On June 12, the Appellate Division (AD) of the Supreme Court upheld a High Court verdict declaring as illegal the provisions that allow lawmakers to become heads of governing bodies of private schools and colleges as they wish.
A four-member bench of the AD, headed by Chief Justice Surendra Kumar Sinha, passed “no order” on two separate petitions filed by the principal of Viqarunnisa Noon School and College (VNSC) and the chairman of its governing body, Rashed Khan Menon, seeking a stay on the HC verdict. The HC on June 1 cancelled the special governing body of VNSC led by lawmaker Rashed Khan Menon. It, however, said the existing governing body members of non-government colleges would hold their posts until their tenures expired. In its verdict, the HC declared as illegal Sections 5 and 50 of the Secondary and Higher Secondary Education Board Rules 2009, which allowed lawmakers to hold the posts of chairpersons in the governing bodies of such educational institutions, on the grounds that these were contradictory to Articles 7, 26, 27, 28, 31, 59, 60 and 61 of the Constitution. The VNSC principal and governing body chairman Rashed Khan Menon had filed two separate petitions on June 8, seeking a stay on the HC order, but the apex court upheld it.

Order barring MPs to head School, College bodies

SC rule out of jurisdiction, says deputy speaker

Deputy Speaker Fazle Rabbi Miah yesterday commented that the Supreme Court (SC) had gone beyond its jurisdiction to deliver the verdict on the issue of lawmakers heading governing bodies of private schools and colleges. The case was filed in relation to a conflict at one educational institution. I think the court has gone a little beyond its jurisdiction to give its decision. Some lawyers have differed with the judgment, he observed. MP Abdur Rab came down heavily on the apex court verdict at an unscheduled discussion, saying the verdict has taken away the rights of MPs. It is true that we will accept the court verdict. But, the question is, who should decide on the matter of MPs becoming heads of governing bodies of private schools and collegesthe education ministry or the court? Rab asked. Later, the Deputy Speaker said, I think the education minister should give an opinion or the education ministry should issue a circular in this regard so that all complexities involved in the matter are resolved. He also urged the leader of the House, Sheikh Hasina, to look into the matter. On June 12, the Appellate Division (AD) of the Supreme Court upheld a High Court verdict declaring as illegal the provisions that allow lawmakers to become heads of governing bodies of private schools and colleges as they wish. A four-member bench of the AD, headed by Chief Justice Surendra Kumar Sinha, passed no order on two separate petitions filed by the principal of Viqarunnisa Noon School and College (VNSC) and the chairman of its governing body, Rashed Khan Menon, seeking a stay on the HC verdict. The HC on June 1 cancelled the special governing body of VNSC led by lawmaker Rashed Khan Menon. It, however, said the existing governing body members of non-government colleges would hold their posts until their tenures expired. In its verdict, the HC declared as illegal Sections 5 and 50 of the Secondary and Higher Secondary Education Board Rules 2009, which allowed lawmakers to hold the posts of chairpersons in the governing bodies of such educational institutions, on the grounds that these were contradictory to Articles 7, 26, 27, 28, 31, 59, 60 and 61 of the Constitution. The VNSC principal and governing body chairman Rashed Khan Menon had filed two separate petitions on June 8, seeking a stay on the HC order, but the apex court upheld it.