Published on 12:00 AM, June 13, 2016

Governing Bodies of Pvt Schools, Colleges

MPs must not be at helm without polls

Bangladesh Supreme Court upholds High Court verdict

The Supreme Court yesterday upheld a High Court verdict that scrapped the rules allowing lawmakers to become governing body heads of private schools and colleges without elections.

A four-member bench of the Appellate Division headed by Chief Justice Surendra Kumar Sinha passed a “no order” on two petitions seeking a stay on the HC verdict.

The petitions were filed by the capital's Viqarunnisa Noon School and College and its government body chairman Rashed Khan Menon, who is the civil aviation and tourism minister.

Following two separate writ petitions, the HC on June 1 declared illegal the rules that were allowing MPs to become chiefs of the committees of the educational institutions without elections.

The petitions challenged the legality of Sections 5 and 50 of Non-government School College Governing Body Regulation-2009 which permitted formation of special governing bodies in educational institutions and the lawmakers to hold the posts of chairman.

The HC ruled that a lawmaker can be elected to the post at maximum four institutions.

The court also scrapped the special governing body of Viqarunnisa Noon School and College led by Menon.

The HC, however, said the members of existing governing bodies of other such institutions can retain their posts until their tenure expires, Deputy Attorney General Israt Jahan had said.

The authorities concerned of the government were also asked to form ad hoc committees for holding elections and forming regular governing bodies in such institutions in six months.

Following apex court's order yesterday, writ petitioner and SC lawyer Eunus Ali Akond told The Daily Star that the HC order would remain effective until the SC came up with a further order.

He, however, said the principal of Viqarunnisa Noon School and College and Menon could move leave to appeal petitions before the SC against the HC verdict after receiving a full text.

Attorney General Mahbubey Alam told reporters that the apex court would pass an order after a leave to appeal petition is moved before it.