Why the quota reform writ was rejected

The High Court has rejected a writ petition calling for reforms to the quota system in government service, on the grounds that the writ petitioners were not harmed or aggrieved under Section 19 of the constitution.

Section 19 reads: "(1) The State shall endeavour to ensure equality of opportunity to all citizens; (2) The State shall adopt effective measures to remove social and economic inequality between man and man to ensure the equitable distribution of wealth among citizens, and of opportunities in order to attain a uniform level of economic development throughout the Republic; (3) The State shall endeavour to ensure equality of opportunity and participation of women in all spheres of national life.

A High Court bench consisting of Justice Syed Dastagir Hossain and Justice Md Ataur Rahman Khan ordered the dismissal during the hearing of the writ petition on Monday.

How the hearing proceeded

Lawyer Ekhlas Uddin Bhuiyan represented the petitioner in court, while Deputy Attorney General Amit Talukdar represented the state.

Ekhlas requested a ruling asking for quota reformation, citing that even the grandchildren of freedom fighters are getting advantages because of quotas.

"Is the constitution being violated because of the quota?" the court asked in response.

In reply, Ekhlas Uddin said: "Because of the quota system, Section 19 of the constitution is getting violated. A boy even committed suicide because of it, which is why I am asking for a rule on the matter."

At that time, the court asked the petitioner's lawyer: "Did the people who write the writ get into trouble for the quota system? The Dhaka University student who filed the writ, did he not get the chance to give the admission exam?

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In reply, Ekhlas Uddin said that the writ petitioners were still final years students studying in the law department of Dhaka University. The other two petitioners were journalists. But the law student would sit for the upcoming BCS exam. Immediately after that, the court ordered for the rejection of the writ petition on the ground that the petitioners had not been harmed by the quota system. Later, Ekhlas Uddin said: "We are going to appeal to the Supreme Court against High Court's order."

The history of the quota system

On January 31, Ekhlas Uddin filed the writ with a High Court affiliated branch. The writ was filed on the behalf of Anisur Rahman Mir, a student of the law department of Dhaka University, and three others. The writ said that, in 1972, the government of Bangladesh ordered a 30% quota for freedom fighters and a 10% quota for victimized women (biranganas) in all government, private, quasi-government and nationalized institutions across the country. Later, the quota system was reformed several times. Currently, there is a quota for 1st and 2nd gazette officers in the Ministry of Public Administration, a one percent quota for disabled people, 30% quota for the children and grandchildren of freedom fighters, a 10% quota for women, 10% district quota, and a 5% quota for minorities- altogether, there is a 57% quota percentage in the BCS examinations. On the other hand, according to data published by Bangladesh Public Service Commission (PSC), in the 21st, 22nd and 25th BCS exams, of the 30% quota reserved for freedom fighters and their progeny, only 10.8%, 2.2% and 5.2% percentage of seats were filled up. The rest of the seats remained empty. The writ further said that a 2008-survey conducted by the World Bank with the help of PSC found that the quota system was unconstitutional and against the law. No quota should last forever, especially since it clashed against Sections 19, 28, 29, and 29(3) of the constitution. In the writ, the cabinet secretary, the secretary to the Prime Minister, the law secretary, and the national parliament secretary were among those declared as defenders. This article was first published on banglatribune.com