High Court questions legality of political influence in school governing bodies

The Bangladesh High Court has issued a rule questioning the legality of a provision that allows local elected officials to serve as presidents of managing committees in private educational institutions. A bench comprising Justice Ahmed Sohel and Justice Fatema Anwar issued the directive on Monday following a preliminary hearing on a writ petition, which challenged the constitutional validity of Section 7 of the Governing Body and Managing Committee Regulations of 2024.
The court has requested that the relevant authorities explain why the regulation should not be amended to disqualify individuals associated with political parties or those holding political office from being nominated, selected, or approved for these governing bodies. Furthermore, the bench asked why the government should not be directed to formulate new regulations that ensure the inclusion of recognized educational patrons, retired teachers, reputable social workers, freedom fighters, academics, lawyers, and physicians to lead these institutions.
Under the current 2024 regulations, the head of an educational institution is required to consult with the local Member of Parliament to propose three candidates for the position of governing body president. These candidates may include local public representatives, current or retired first-class government officials, or social figures. While the education board retains the final authority to appoint one of these nominees, petitioners argue that the existing framework leaves the door open for partisan influence.
The petition was filed last month by Md. Rubel Mia, a guardian of a ninth-grade student from Jamalpur. Representing the petitioner, lawyer Md. Nadir Khan argued that the involvement of political figures in school management often compromises the neutrality, transparency, and accountability of the institutions. He emphasized that such appointments frequently lead to administrative complications that hinder the academic environment, necessitating a shift toward non-partisan, independent leadership.
The court’s rule directs the Secretary of the Secondary and Higher Education Division, the Secretary of the Technical and Madrasa Education Division, the Director General of the Directorate of Secondary and Higher Education, and the chairmen of various education boards to provide a formal response to the legal challenge. The state was represented by Deputy Attorney Generals Khan Ziaur Rahman and Mahfuz Bin Yusuf.