Staff Reporter :
A writ has been filed in the Supreme Court seeking abolition of provision of the law relating to govern private schools and colleges by ad hoc committee.
Younus Ali Akond, a senior advocate of Bangladesh Supreme Court, filed the writ petition on Sunday with the concern section of the High Court division.
The petitioner prayed to issue a rule that, why provision 39 of the Private Educational Institutions Regulation- 2009 should not be declared void. Alongside, he also prayed an order to conduct election of Viqarunnisa Noon School and College, Ideal School and College, and Willes Little Flower School and College within 30 days.
The education secretary, chairman of Dhaka Education Board, deputy commissioner and authorities of Viqarunnisa, Ideal and Willes Little schools are in defendant list.
According to the petition, both ad hoc and special committees are unelected. The High Court has already declared illegal provision 50 relating to special committee. Provision 39 will be declared illegal similarly. Both provisions are contradictory with Article 11 of the constitution and its preamble.
Article 11 of the Constitution ensures effective participation of the people through election process and preamble focuses on rule of law and democracy. Ad hoc committee is also contradictory with provisions 39(2) and 18(3) of Secondary and Higher Secondary Education Ordinance- 1961. Because provision 39(2) has given power to education board and the government to form a regular governing committee.
Accordingly, the provision related to ad hoc committee was installed in the law of 2009. But, provision 39 of ad hoc committee is contradictory with the provision 39(2) of the ordinance of 1961. According to this provision, government or board has not given the ability to add to form a committee. That is why this provision sought to be abolished, the writ filing advocate said.
