The High Court has released the full verdict that declared illegal the government circular issued in 2018 abolishing the freedom fighter quota in first and second-class government jobs.
According to the 27-page HC verdict, released Sunday on the Supreme Court's website, the government can reform the quota system if necessary or wants to do. Justice KM Kamrul Kader and Justice Khizir Hayat of the High Court bench have pronounced the judgment.
What exactly was mentioned in the verdict?
The High Court has declared the circular issued on October 10, 2018, regarding quotas in government jobs as unconstitutional, illegal, and ineffective.
The verdict said another High Court verdict of 2012, upheld by the Appellate Division in 2013, had “observed that the reservation of 30% quota for the children of Freedom Fighters shall be followed strictly, and expunged the words 'if the quota cannot be filled up the concerned post be kept vacant'."
It further said it would be contemptuous to violate the Appellate Division’s decision.
As a result, directives had been given to reinstate the quota system for the children and grandchildren of freedom fighters in government jobs. Additionally, instructions have been provided to maintain quotas for districts, women, individuals with special needs, and small ethnic groups.
The court directed that a notification regarding this matter be issued within three months of receiving the certified copy of the judgment.
The judgment specifies that this ruling will not impede any changes in the quota ratio or the number of quotas by the government. It also ensures that if vacancies are not filled through quotas in any recruitment examination, the authority retains the discretion to fill those vacancies from the merit list.
Earlier on late Thursday, the High Court's decision, directives, and orders (operative parts) were published.
Legal experts have indicated that the Appellate Division has issued an order to maintain the status quo regarding the quota issue.
The Appellate Division has scheduled a hearing for August 7. As a result, the High Court's decision will not be effective during this time.
Meanwhile, Attorney general AM Amin Uddin also said that no quota in the cadre serves would be enforced following the Appellate Decision order.