Shawdesh Desk;

The High Court has observed that the government ‘may take necessary step by framing rules/guidelines to ensure the participation of backward sections of the citizens in the recruitment process of the government.’

The bench of Justice KM Kamrul Kader and Justice Khizir Hayat made the observation in the full verdict in a writ petition challenging a government circular issued in 2018 cancelling quotas in government job.

The 27-page full verdict was posted on the Supreme Court website on Sunday after the Appellate Division on July 10 asked the government to maintain the status quo for four weeks in respect to the enforcement of the quota system.

A five-judge Appellate Division bench chaired by chief justice Obaidul Hassan also set August 7 for further hearing in two petitions — one filed by the government on June 9 seeking stay of the High Court verdict and the other by two Dhaka University students on July 9 seeking reform of the quota system.

The High Court in a short verdict on June 5, declared illegal a government circular issued on October 4, 2018, abolishing all quotas while recruiting officers in the public service, in the wake of student protests.

The full verdict says, ‘Admittedly, some districts/ upazillas are more develop then others and the citizen of a develop districts /upazillas were enjoy more privilege then an undeveloped and backward districts /upazillas.’

It said, ‘Other category namely women, physically challenged person, Tribes, minor races and ethnic group are still backward sections of the citizens.’

The verdict says, ‘However, there are very few people/ citizen who may come within the category of (i) Freedom Fighters and their children and grandchildren and others i.e. (ii) district (iii) women, (iv) physically challenged person, (v) tribes, minor races and ethnic group were not to be considered as backward sections of the citizen.’

It said, ‘It’s depended on geographical, social, economic and political back ground of a particular person.’

The High Court asked the government to maintain quotas for the children and decedents of freedom fighters, district, women, physically challenged people and indigenous people in the civil service recruitment.

‘The respondents are directed to restore quota for freedom fighters’ children and grandchildren  following the judgement and order in a writ petition filed in 2012 which was affirmed and modified by the Appellate Division in leave petition filed in 2013,’ said the verdict.

The verdict said that several writ petitions were filed to maintain the quotas for descendants of the freedom fighters, and the High Court clearly held that the 30 per cent should strictly be maintained.

Since the Appellate Division has already settled the matter and affirmed the judgement and order of the High Court Division, the verdict ‘is binding upon us as well as all authorities of the state machinery as per articles 111 and 112 of our constitution and violation of the same is contemptuous,’ said the High Court.

The High Court asked the government to publish a notification restoring the quotas as soon as possible, preferably within three months.

‘The respondents are at liberty to fill up the vacant posts from general merit list, if any quota is not fulfilled in any public examination,’ the verdict said.

The High Court in the verdict considered the descendants of the freedom fighters as backward citizens of the country.

‘Thus, we are of the view that during the period of 15th August 1975 to 1996 for the last 21 years, the Freedom Fighters and their children and grandchildren have been suffering socially, economically and politically, which makes them one of the most backward sections of the citizens of this country,’ the verdict says.

It is transpires from the record that the quotas reserved for the freedom fighters and affected women was introduced absolutely on clear recognition to the freedom fighters for their heroic contribution to the nation which has also been extended to the children and grandchildren of the freedom fighters, a clear recognition which the Freedom Fighters have achieved, said the verdict.

It said that the government on September 5, 1972 notified in the official gazette recognising quotas for freedom fighters for their contribution to the nation.

As the 30 per cent quota, however, was not maintained for 21 years, the Awami League government started to maintain the quota in 1996.

‘Suddenly, the government on October 4, 2018, abolished the quotas,’ the verdict said.