The court says the appointment or nomination of local MPs as presidents in the governing bodies of educational institutions is contradictory to the main spirit of the constitution
The High Court on Thursday released the full text of a verdict that declared the nomination or appointment of members of parliament (MPs) as chairmen of governing bodies of degree colleges and other educational institutions across the country illegal.
The court in its verdict said the appointment or nomination of local MPs as chairman in the governing bodies of all educational institutions is contradictory to the main spirit of the constitution.
The verdict further reads, "All honourable MPs have to remain dedicated all the time to the enactment of important national laws. Besides, the position of chairmen of governing bodies is in stark contrast to the great position of MPs."
The verdict was released on Thursday after Justice Md Ashraful Kamal and Justice Rajik Al Jalil singed it.
The writ petitioner, Advocate Md Humayun Kabir confirmed the matter on Thursday morning.
According to the verdict, a member of parliament has to be elected by the 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.
If the elected MP of the area concerned is the president of the governing body, then in effect the governing body is bound to become an institution of one person. This is because no member of the governing body has the courage to go against the elected MP, the court said.
Earlier, the High Court passed an order saying the rule issued in this regard on November 25, 2019 was appropriate and declared the nomination or appointment of MPs as presidents of governing bodies of the degree colleges illegal.
On June 16, 2016, SM Jaglul Haider MP was nominated as the president of Atarjan Women's College in Shyamnagarupazila of Satkhira by the National University. SM Afzalul Haque, a founding member of the college, filed a writ petition in the High Court challenging the validity of the nomination.
Following the preliminary hearing of the writ petition, the court on January 10, 2017 issued a rule stating why it would not be illegal to nominate a MP for the post of president of the degree college. Later on November 25, 2019, the High Court ruled appropriate.
Advocate Md Humayun Kabir said, "The High Court had earlier ruled that MPs could not hold the post of president of the governing bodies of private schools and colleges (up to HSC). From now on, MPs will not be able to hold the post of president in governing bodies of degree colleges and their equivalent."