MPs can’t remain as presidents of private school, college governing bodies: HC

Published 10:46 pm | July 16, 2020

Online Desk : The High Court on Thursday released the full text of a verdict that has declared nominating or appointing members of parliament (MPs) as the presidents of the governing bodies of private educational institutions, including degree colleges across the country as “conflicting with constitution.”

“After reviewing the judgements of the Appellate and High Court regarding this issue, it has been crystal clear that the appointment or nomination of local MPs as the president of all private academic institutions including Fazil and Kamil Madrashas is contradictory to the main spirit of the constitution,” the High Court bench of Justice Md Ashraful Kamal and Justice Razik-Al-Jalil observed in the full text of the verdict.

The full text of the verdict was released on Wednesday after the judges of the HC bench signed it.

The bench had delivered the verdict on November 25 last year following a writ petition filed challenging the National University’s decision to appoint SM Jaglul Haider, local Awami League MP, as the president of the governing body of Atunjan Mohila College at Shyamnagar in Satkhira district on June 16, 2016.

Founder member of the college ASM Afzalul Huque filed the writ petition with the HC in 2017 challenging the appointment of Jaglul Haider MP to the post of president of governing body of the college.

In the full text of the judgement, the HC bench observed that a lawmaker has to be elected by the votes of people.

On the other hand, the rank of the authorities who appoint the governing body of the private institutions is below the position of the lawmaker, the HC judges said.

The HC bench also said if a member of parliament becomes the president of the governing body of an institution, it (institution) might be turned into an organisation of a person.

Writ petitioner’s lawyer Advocate Humayun Kabir told journalists that no lawmaker can be appointed or nominated to the post of president of the governing body of any private educational institution following the HC verdict.

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