The High Court (HC) issued a rule on Wednesday, asking the government bodies concerned to explain as to why the rule that has given absolute power to the National University (NU) Vice Chancellor (VC) in nominating and withdrawing the governing body (GB) chairmen of degree-level colleges should not be declared unconstitutional.
It also wanted explanation as to why the rule that has given sole power to the VC to reconstitute the ad hoc committees of the degree colleges should not be declared unconstitutional.
The education secretary, law secretary and other respondents have been asked to comply with the rule within four weeks.
The HC bench of Justice K M Kamrul Kader and Justice Mohammad Ali passed the order after hearing a writ petition filed in this regard.
The guardian of a student of Pirgachha Mohila College in Rangpur filed the writ petition, challenging legality of the NU VC's absolute power.
The court also wanted explanation as to why the college's governing body should not be declared illegal.
Advocate Siddique Ullah Miah appeared in the court hearing on behalf of the writ petitioner, while Deputy Attorney General A B M Abdullah Al Bashar represented the state.
Later, Mr Siddique Ullah said, "In order to form the governing bodies of the private degree colleges under NU, 'Governing Body of the National University Affiliated Colleges/Educational Institutions (Amendment) Statute 2019' was issued in accordance with the Section 45 of National University Act 1992."
"Rule-7 of the said statute states that the nominating authority, i.e., the VC, shall have absolute jurisdiction in making nominations for the posts of chairman and 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 that 'the ad hoc committee shall lose its tenure after the prescribed period of six months has passed. In special circumstances, the VC may extend the term of the committee for a maximum period of six months. If the governing body cannot be formed within the extended period, the VC may reconstitute the committee."
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