Staff Reporter :
The Appellate Division of the Supreme Court on Sunday upheld the High Court’s (HC) order that had declared the provision of allowing lawmaker to hold the post of the governing body of any private school and college without election as illegal.
The HC order in scrapping the special governing body committee of Viqarunnisa Noon School and College led by Civil Aviation and Tourism Minister Rashed Khan Menon has also been upheld.
A four-member bench headed by Chief Justice Surendra Kumar Sinha passed ‘no order’ after hearing the petition filed by Rashed Khan Menon, President of the special committee of Viqarunnisa Noon School and College and its principal.
As per the HC order, no MP will be allowed to hold the post of the chairman of the managing committee or governing body of any private school and college.
The HC declared two sections of the Governing Body and Managing Committee Regulations 2009 as illegal on June 1.
The HC in its verdict observes that the rule related to the appointment of the heads of the panel in the Regulation for Managing Committee and Governing Bodies contradicts Article 11 of the Constitution, and Intermediate and Secondary Education Ordinance 1961.
According to Section 5 of the Governing Body and
Managing Committee Regulation 2009, an MP can be the head of the managing committees of highest four private schools and colleges, and Section 50 empowers them to form a special committee to regulate the institution.
Rashed Khan Menon, President of the special committee of Viqarunnisa Noon School and College and its principal filed a petition seeking a stay order on the HC verdict.
On June 8, the SC fixed the date for hearing the petition filed by the government against HC order that termed inclusion of MPs as the heads of managing committees or governing bodies of private schools and colleges as illegal.
On April 6, the HC issued a rule asking the authorities concerned to explain as to why the sections will not be declared illegal and contradictory to the Constitution.
The Appellate Division of the Supreme Court on Sunday upheld the High Court’s (HC) order that had declared the provision of allowing lawmaker to hold the post of the governing body of any private school and college without election as illegal.
The HC order in scrapping the special governing body committee of Viqarunnisa Noon School and College led by Civil Aviation and Tourism Minister Rashed Khan Menon has also been upheld.
A four-member bench headed by Chief Justice Surendra Kumar Sinha passed ‘no order’ after hearing the petition filed by Rashed Khan Menon, President of the special committee of Viqarunnisa Noon School and College and its principal.
As per the HC order, no MP will be allowed to hold the post of the chairman of the managing committee or governing body of any private school and college.
The HC declared two sections of the Governing Body and Managing Committee Regulations 2009 as illegal on June 1.
The HC in its verdict observes that the rule related to the appointment of the heads of the panel in the Regulation for Managing Committee and Governing Bodies contradicts Article 11 of the Constitution, and Intermediate and Secondary Education Ordinance 1961.
According to Section 5 of the Governing Body and
Managing Committee Regulation 2009, an MP can be the head of the managing committees of highest four private schools and colleges, and Section 50 empowers them to form a special committee to regulate the institution.
Rashed Khan Menon, President of the special committee of Viqarunnisa Noon School and College and its principal filed a petition seeking a stay order on the HC verdict.
On June 8, the SC fixed the date for hearing the petition filed by the government against HC order that termed inclusion of MPs as the heads of managing committees or governing bodies of private schools and colleges as illegal.
On April 6, the HC issued a rule asking the authorities concerned to explain as to why the sections will not be declared illegal and contradictory to the Constitution.
