Monday, November 7, 2016

SC upholds HC order against MPs chairing school, college managing bodies

The Appellate Division of the Supreme Court on Monday upheld a high court order that declared two clauses of the Governing Body and Managing Committee Regulations 2009 illegal as those allow MPs to lead the managing committees or governing bodies of private schools and colleges.

A four-member bench led by Chief Justice SK Sinha passed the order rejecting a leave to appeal filed by state and the authorities of Viqarunnisa Noon School & College.

Earlier on Sunday, the SC fixed today (Monday) to deliver its verdict after concluding the hearing of the leave to appeal filed on August 17.

On June 1 last, the High Court declared two sections of the Governing Body and Managing Committee Regulations 2009 illegal as those allow MPs to lead the managing committees or governing bodies of private schools and colleges.

As per the HC order, no MP will be allowed to hold the post of chairman of the managing committee or the governing body of any private school and college.

After the HC order, Rashed Khan Menon, president of the special committee of Viqarunnisa Noon School & College, and its principal filed a petition seeking a stay order on the HC verdict.

On June 12, the Appellate Division of the Supreme Court upheld the High Court order that termed inclusion of MPs as heads in the managing committees or governing bodies of the private schools and colleges illegal.

On January 16, Yunus Ali filed a writ petition with the HC seeking the court order to abolish the special committee of Viqarunnisa Noon School & College headed by Civil Aviation and Tourism Minister Rashed Khan Menon.

Following the writ, the HC issued a rule asking the authorities concerned to explain why the special committee of Viqarunnisa Noon School & College will not be declared illegal and contradictory to the constitution.

Later, Yunus Ali filed another writ petition with the HC challenging the legality of the sections 5 and 50 of the Governing Body and Managing Committee Regulations 2009.

On April 6, the HC issued another rule asking the authorities concerned to explain why the sections will not be declared illegal and contradictory to the constitution.

According to section 5 of the Governing Body and Managing Committee Regulations, 2009, an MP can be the head of the managing committees up to four private schools and colleges, and section 50 empower them to from a special committee in private educational institutions.

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