The High Court (HC) Division of the Supreme on Wednesday declared, two sections of the private schools and colleges Governing Body and Managing Committee Regulations, 2009 illegal, as these allow MPs to lead those committees and governing bodies. According to this order of the apex court, no Member of Parliament (MP) will be eligible to hold the post of the Chairman of the Managing Committee or the Governing Body of any private school and college.
A two-member HC bench comprising of Justice Zinat Ara and Justice AKM Zahirul Hoque came up with the order after hearing on two writ petitions. Advocate Yunus Ali filed the petitions.
According to section 5 of the Governing Body and Managing Committee Regulations, 2009, an MP can hold the positions of the heads of up to four such managing committees of four private schools and colleges, while section 50 of the regulation empowers them to form special committees of such educational institutions.
Both of the sections are contradictory to the constitution, said writfiling lawyer Yunus Ali. “Now private schools and colleges will have to form managing committees through election,” he added.
On January 16, Advocate Yunus Ali filed a writ petition with the HC seeking order to abolish the special committee of Viqarunnisa Noon School and College headed by Civil Aviation and Tourism Minister Rashed Khan Menon.
Following the writ, the HC issued a rule asking the authorities concerned to explain as to why the special committee of Viqarunnisa Noon School and College will not be declared illegal and contradictory to the constitution of the country.
Later, Yunus Ali lodged another writ petition with the apex court challenging the legality of sections 5 and 50 of the Governing Body and Managing Committee Regulations, 2009.
On April 6, this year, the HC issued another rule asking the authorities concerned to explain as to why the two sections of the regulation will not be declared illegal and contradictory to the constitution. -Court Correspondent