Act/Law wise: Judgment of Supreme Court of Bangladesh

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মাধ্যমিক ও উচ্চমাধ্যমিক শিক্ষাবোর্ড, ঢাকা (.............) প্রবিধানমালা, ২০০৯
Section/Order/Article/Rule/Regulation Head Note
Regulation 5

Democracy is one of the fundamental principles of the State policy and thus whenever there is a scope for or provision for formation of any elected representative body, it is absolutely necessary to form such body through election in all sectors of this State. Viqurunnisa Noon School and College and another: The Chairman, Board of Intermediate and Secondary Education Board, Dhaka:
Government of Bangladesh and others: -Vs.- M. A. Rahim Rana and others: Md. Eunus Ali Akond and others. (Civil) 10 ALR (AD) 340-346 ....View Full Judgment

Regulation 5(1)(2)(3) and 50

read with
The Intermediate and Secondary Education Ordinance, 1961
Sections 3 and 39(2)(vi)
Governing body of non-Government Educational Institutions–
The formation of Special Governing Body one after another cannot be said to be lawful. Therefore, the High Court Division made the Rule absolute in part on the following terms:
1. The provisions of sub-regulations (1) and (2) of regulation 5 and regulation 50
[প্রবিধান ৫ এর উপ-প্রবিধান (১) এবং (২) এবং প্রবিধান ৫০] of the মাধ্যমিক ও উচ্চমাধ্যমিক শিক্ষাবোড, ঢাকা (মাধ্যমিক ও উচ্চমাধ্যমিক স্তরের বেসরকারী শিক্ষা প্রতিষ্ঠানের গভরনিংবডি ও ম্যানেজিং কমিটি) প্রবিধানমালা, ২০০৯ are, hereby, declared to be ultra vires the constitution and also with the parent legislation namely, sections 3 and 39(2)(vi) of the Intermediate and Secondary Education Ordinance, 1961 and hence are of no legal effect and invalid thus the same are struck down from Regulations.
2. In view of the aforesaid declaration, the expression
"উপ-প্রবিধান (২) এর অধীন উচ্চমাধ্যমিক স্তরের বেসরকারী শিক্ষা প্রতিষ্ঠান ব্যতীত অন্যান্য"
occurring in sub-regulation (3) of regulation 5 of the Regulations is also struck down.
3. The declarations at paragraphs 1 and 2 above, shall apply to all Non-Government Educational Institutions of this country to which the Regulations are applicable with immediate effect.
4. Respondent Nos. 1 and 2 are hereby directed to take necessary steps, within 60 days from the date of receiving copy/certified copy of this judgment for issuing necessary directions to all Non-Government Educational Institutions and relevant authorities about the declarations at paragraphs 1, 2 and 3 above for making necessary amendments in the relevant provision of Regulations which contains reference to the struck-down provisions.
5. The Special Type of Governing Body of Viqarunnisa Noon School and College, Dhaka constituted under Memo No. 37.00.0000.072.34.021.15.696 dated 24.12.2015 and Memo No. ৪৩/ক/স্বী/৮৪/(অংশ-১)/১০০ dated 30.12.2015 issued by respondents No. 1, 2 and 3 for the term of two years effective from the date of the 1st meeting (05.01.2016) of the said Special Type of Governing Body, is, hereby, declared to have been constituted/formed without lawful authority and hence of no legal effect and invalid.
6. Similarly, Special Special Type of Governing Body/Bodies, if so constituted in an Non-Government Educational Institution under the Regulations, is/are also to be treated as constituted/formed without lawful authority and be of no legal effect and invalid.
7. The actions taken and the deeds performed by the said Special Type of Governing Bodies, as of today, being past and closed transactions are hereby condoned.
8. The respondents, in general and respondents No. 1 and 2, in particular, are, hereby, directed to form an Ad-hoc Committee for Non-Government Educational Institutions including the Viqarunnisa Noon School and College, Dhaka in accordance with the provision of regulation 39 of the Regulations within thirty days from the date of receiving copy/certified copy of this judgment. The respective Ad-hoc Committees shall take necessary steps for formation/constitution of a regular Governing Body of such institutions including Viqarunnisa Noon School and College, Dhaka through election in accordance with the provisions of the Regulations.
9. The Members of Parliament, appointed as Chairman of Governing Body of any Non-Government Educational Institutions in pursuance of regulations 5(1) and (2) of the Regulations are, hereby, also declared to have been appointed without lawful authority and be of no legal effect and invalid.
10. The actions taken and the deeds performed by such Chairman of any Non-Government Educational Institutions, as of today, under Regulations being passed and closed transactions are, hereby, condoned.
11. The respondents, in general and respondent Nos.1 and 2 in particular, are to give appointment of “Chairman of the Governing Body of such Non-Government Educational Institutions in pursuance of strict and effective compliance with the rest part of regulation 5(3) of the Regulations for carrying out the purpose and object of provisions of the Ordinance within 30 (thirty) days from the date of receiving of the copy/certified copy of the judgment.
12. Respondent No. 1 is further directed to take necessary steps for examining the Regulations made in respect of other Boards of Intermediate and Secondary Education Board under the Ordinance, if any provision of such Regulations contain provisions similar to delete/struck down provisions for the above reasons and also for securing uniformity in the educational management.
The findings, directions and guidelines given by the High Court Division having been based on proper appreciation of law and fact do not call for interference. Accordingly, all the civil petitions are dismissed. .....Viqurunnisa Noon School & College =VS= M. A. Rahim Rana, (Civil), 2018 (2) [5 LM (AD) 185] ....View Full Judgment