Why absolute power of NU VC over degree college governing bodies should not be abolished: HC
The High Court has issued a rule asking authorities concerned to explain as to why it shall not abolish the absolute power of the vice chancellor to nominate and withdraw the president of the governing body of the degree colleges affiliated with the National University.
It also sought explanation on why the power to reconstitute the affiliated educational institutions' ad hoc committees should not be declared illegal in the same rule.
A bench consisting of Justice KM Kamrul Quader and Justice Mohammad Ali of the High Court issued the rule after preliminary hearing of the writ filed by a student's guardian of Pirgacha Mahila College under Pirgacha Upazila of Rangpur district on Wednesday (14 December).
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Education Secretary (Secondary and Higher Education Department) and the Law Secretary among six concerned officials have been asked to respond to the rule in the next four weeks.
Supreme Court lawyer Advocate Mohammad Siddique Ullah Miah handled the case on behalf of the petitioners in the court and he was assisted by Advocate Md Shariful Islam and Advocate Md Zahidul Islam.
Deputy Attorney General ABM Abdullah Al Mahmud Bashar represented the state.
The National University Affiliated Colleges and Educational Institutions Governing Bodies (Amendment) Regulation, 2019 was formulated as per Section 45 of the National University Act, 1992.
"Rule-7 of the regulation says nominating authority (Vice-Chancellor) shall have absolute jurisdiction in the nomination of the president or any member of the governing body and the nominating authority shall at any time, after nominating a person, withdraw this nomination and make a fresh nomination," said Mohammad Siddique Ullah Miah.
No person shall be nominated by more than one nominating authority or be elected or nominated in more than one category to the governing body of a college, he added.
Additionally, the rule-6(D) of the regulation states that the Ad Hoc Committee of the affiliated colleges shall lose its term of office after the prescribed period of six months has passed.
"Provided that, in special circumstances, the Vice-Chancellor may extend the term of the Ad Hoc Committee for a maximum period of 6 (six) months. If the Governing Body fails to form within the extended period, the Vice-Chancellor may reconstitute the Ad Hoc Committee," the Supreme Court lawyer told the media.
He noted that rule-7 and rule-6(D) give the National University vice-chancellor absolute power to nominate and remove the president of the Governing Body of the Degree Colleges affiliated which is in conflict with the Constitution.
As per the constitution, no person or organisation can have absolute power while carrying out any activity as they must remain accountable to authority.
The Vice-Chancellor of the National University has been abusing rule-7 to form committees among the affiliated degree colleges of the National University according to his own will, claimed the Supreme Court lawyer.
"Abu Nasser Md Mahbubur Rahman, who is favoured by National University Vice-chancellor, has been serving as the president of Pirgacha Women's College governing body for 12 consecutive years. We also want to get rid of the said committee," he added.
