HC questions in nominating governing body chairman

Staff Reporter :
The High Court on Wednesday issued a rule asking the concerned bodies of the government to explain in four weeks as to why the rule that has given absolute power to the National University Vice-Chancellor in nominating and withdrawing the chairman of the governing body of the degree level colleges should not be declared unconstitutional.
It also wanted to know in the rule to explain as to why the rule that has given sole power to the Vice Chancellor to reconstitute the ad hoc committee of the degree level colleges should not be declared unconstitutional.
Education Secretary, Law Secretary and other respondents have been asked to comply with the rule within four weeks.
The High Court bench of Justice K M Kamrul Kader and Justice Mohammad Ali passed the order after hearing a writ petition filed in this regard.
A student-guardian of the Pirgachha Mohila College in Rangpur filed the writ petition challenging the legality of the absolute power of the National University Vice-Chancellor.
The court also wanted to know in the rule to explain as to why the governing body of the Pirgachha Mohila College should not be declared illegal.
Advocate Siddique Ullah Miah appeared in the court hearing on behalf of writ petitioner, while Deputy Attorney General ABM Abdullah Al Basahar represented the state.
Later, lawyer Siddique Ullah said, “In order to form the governing body of private degree colleges under the National University, ‘Governing Body of the National University Affiliated Colleges/Educational Institutions (Amendment) Statute, 2019’ was issued in 2019, in accordance with Section 45 of the National University Act, 1992.
Rule-7 of the said statute states that the nominating authority i.e. the Vice-Chancellor shall have absolute jurisdiction in making nominations for the post of the chairman or any member of the governing body and the nominating authority shall, at any time after nominating a person, withdraw the nomination and make a fresh nomination.”
In Rule 6(d) it is said, “The ad hoc committee shall lose its tenure after the prescribed period of 6 (six) months has passed. In special circumstances, the Vice Chancellor may extend the term of the Ad Hoc Committee for a maximum period of six months. If the Governing Body fails to form within the extended period, the Vice Chancellor may reconstitute the Ad Hoc Committee.”
Lawyer Siddique Ullah also said that Abu Naser Mahbubur Rahman, a person preferred by the Vice-Chancellor of the National University, has been serving as the chairman of the governing body of the Pirgachha Mohila College for 12 years. That is why we filed the writ petition with the High Court, added the lawyer.