Sections 3 and 39(2)(vi)
|
Board of Secondary and Higher Secondary Education, Dhaka .....(Regulations,
2009)
[মাধ্যমিক ও উচ্চমাধ্যমিক
শিক্ষাবোড, ঢাকা (মাধ্যমিক ও
উচ্চমাধ্যমিক স্তরের
বেসরকারী শিক্ষা
প্রতিষ্ঠানের গভরনিংবডি ও
ম্যানেজিং কমিটি)
প্রবিধানমালা, ২০০৯]
Regulation 5(1)(2)(3) and 50 r/w
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
|
Viqurunnisa Noon School & College =VS= M. A. Rahim Rana |
5 LM (AD) 185 |