The Appellate Division of the Supreme Court (SC) yesterday upheld a High Court (HC) order that declared two clauses of the Governing Body and Managing Committee Regulations 2009 illegal. The clauses allow MPs to become head of managing committees or governing bodies of private schools and colleges. A four-member bench, headed by Chief Justice Surendra Kumar Sinha, passed the order, rejecting a leave to appeal filed by the state and the authorities of the Viqarunnisa Noon School and College. Lawmakers can no longer head managing committees or governing bodies of private institutions, advocate Eunus Ali Akond, who filed the peti tion, told reporters after the Supreme Court verdict. He also said that education boards would form ad hoc committees, which would elect regular governing bodies through elections.
In a verdict on June 1, the HC declared two clauses of the Governing Body and Managing Committee Regulations 2009 illegal, as those allowed MPs to head managing committees or governing bodies of private schools and colleges without election. A two-member HC bench, comprising Justice Zinat Ara and Justice AKM Zahirul Hoque, however, said that a lawmaker could become chairman of a maximum of four educational institutions through election.
The HC bench came up with the order after hearing two writ petitions challenging the legality of Sections 5 and 50 of the 2009 law which permitted formation of special governing bodies in educational institutions, with lawmakers holding the post of chairman. After the HC order, Rashed Khan Menon, president of the special committee of the Viqarunnisa Noon School and College, and its principal filed a petition seeking a stay order on the HC verdict.
On June 12, the Appellate Division of the SC upheld the HC order that termed inclusion of MPs as head of managing committees or governing bodies of private schools and colleges illegal.
On January 16, Akond filed a writ petition before the HC seeking an order to abolish the special committee of Viqarunnisa, headed by civil aviation and tourism minister Rashed Khan Menon. Following the writ, the HC issued a rule asking the authorities concerned to explain why the special committee should not be declared illegal and contradictory to the Constitution. Later, Akond filed another writ petition before the HC challenging the legality of sections 5 and 50. On April 6, the HC issued another rule asking the authorities concerned to explain why the sections should not be declared illegal and contradictory to the Constitution. According to Section 5, an MP can be the head of managing committees of up to four private schools and colleges, and Section 50 empowers them to form a special committee in private educational institutions. Earlier, the apex court had passed no order on two appeals filed by Rashed Khan Menon and the principal of Viqarunnisa Noon School and College, seeking a stay order on the HC verdict. It had asked them to file regular appeals. After final hearing on the appeals, the apex court yesterday passed the order.