The High Court yesterday challenged the legality and issued a rule asking the authorities concerned of the government to explain in four weeks as to why the Section 5(50) of Secondary and Higher Secondary Education Board Rules-2009 that allowed lawmakers to hold post of chairman on governing bodies of local school and colleges should not be declared unconstitutional.

The HC bench of Justice Zinat Ara and Justice AKM Zahirul Hoque issued the rule following a writ petition filed by Supreme Court lawyer Eunus Ali Akond challenging the legality of the 2009 rules.

According to the Article 65 of the constitution, the lawmakers are permitted to research and formulate laws, but they do not do that properly, said Eunus.

"Under the Section 5(50) of the 2009 rules, a lawmaker can hold post of chairman on governing bodies of four separate institutions, which is contrary to his or her duties defined by the constitution," added the lawyer.

Education secretary, chairman of Dhaka Education Board, and Civil Aviation and Tourism Minister Rashed Khan Menon, who is also chairman of governing body of Viqarunnisa Noon School and College, have been made respondents to the rule.