The Appellate Division of the Supreme Court cancelled the High Court verdict on quota reinstatement in civil service recruitment.
The court, in its hearing, observed that 7% of quota can be kept in public service, including 5% for freedom fighters, 1% for indigenous people, and 1% for physically challenged and third gender people.
It also said that with this verdict, the government can take any decision it seemed fit to bring reform into the much-talked quota system.
A seven-member bench of the Appellate Division headed by Chief Justice Obaidul Hassan came up with the much-awaited verdict in the morning.
The decision came following a series of street protests by the students and jobseekers since June 5. The protests became violent after some political parties joined in during the shutdown called by the students since Thursday. Nearly 100 people, including students, common people, miscreants, and members of law enforcement agencies, have been killed in the last one week.
Welcoming the Appellate Division verdict, Law Minister Anisul Huq said the government will issue a circular soon. “If the government needs to change, amend or reform the system, they will be able to do it,” the minister told reporters in a press briefing yesterday after the verdict.
On November 5, 1972, the government for the first time through an executive order introduced 30% quota for freedom fighters and 10% for women in government, semi government, and autonomous institution jobs.
The quotas were subsequently raised to 56% – that included 30% for children and grandchildren of freedom fighters, 10% for women, 10% for people of underdeveloped districts, 5% for indigenous communities and 1% for physically challenged people while recruitment of the remaining 44% officials were merit-based – over the years.
The Cabinet Division on October 4, 2018, issued a circular scrapping the quota system for first- and second-class government jobs in the wake of street protests by public university students and jobseekers demanding reform.
On June 5 this year, the HC in a verdict asked the government to reinstate the quota system that prompted the students and jobseekers to take to the streets from July 1.
The HC delivered the verdict disposing of a writ petition filed by Ohidul Islam, son of freedom fighter Md Foyez Uddin from Rahimganj of Mymenshingh, and six others in 2021, challenging legality of cancelling 30% for quota for descendants of freedom fighters.
On July 4, the Appellate Division of the SC ordered a status quo on the quota issue stating that the SC verdict cannot be changed under the pressure of a street movement.
The cabinet secretary on July 16 filed a regular petition with the Appellate Division seeking permission to appeal against HC verdict that asked the government to maintain quota in civil service.
Court proceedings
Attorney General AM Amin Uddin, in a leave to appeal to the court, said the previous HC verdict of June 5 is contradictory as it says about keeping a 30% quota for freedom fighters, and also about interference of appellate division against the government decision.
Referring to different previous verdicts, the attorney general appealed to the Appellate Division to cancel the previous June 5 verdict that asked the government to maintain 30% quota for descendants of freedom fighters.
The same verdict also asked the government to maintain district, women, tribal and physically challenged quotas and publish a notification as soon as possible, preferably within three months.
Shah Manzurul Haque, who represented the two Dhaka University students who filed an appeal to SC on July 18 demanding scrapping of the HC verdict, said to the court that the issue of quota is a policy matter of the government.
Since quota system was a policy decision by the government, the system needs either reform or complete cancellation, he said on behalf of the students in court.
Mansurul Haque, representing the writ filed to the HC in July 2021 challenging legality of cancelling 30% for quota for descendants of freedom fighters, said in yesterday’s court hearing that the quota is for the people who are considered underprivileged and families of freedom fighters are from this community.
After 1975, quota system was not implemented for 21 years and when it was implemented, not more than 10% of the quota was implemented for the freedom fighters, he said.
Since freedom fighters failed to realize the benefit of the quota system for a long period, their family need its benefit now, he said after demanding rational reform of quota system at court.
In its hearing, Chief Justice Obaidul Hassan said freedom fighters are not underprivileged, rather they are the people who deserves utmost respect.
What the experts say
Before the judgement, the panel of nine Amicus Curie also presented their observations to the Appellate Division. Of them, seven voted for quota cancelation or quota reform.
Senior advocate Tanjibul Alam said there was no legal obligation in cancelling the HC verdict.
Another senior advocate Tania Amir said: “Our freedom fighters are not members of some marginal community, rather they are our pride. So, the grandchildren of freedom fighters do not need quota, proving the need for quota reform.”
Echoing her remarks ZI Khan Panna said: “The list of freedom fighters needs to be compiled properly first.”
However, another Senior Advocate Sheikh Hassan Arif said the government will take the decision on quota reform because it is a policy matter. Ehsanul Karim also said the same in his submission.
Senior Advocate Mahbub Uddin Khakon and Jaynal Abedin said the quota system needs to be reformed by ensuring equal opportunity.
What happened earlier?
In October 2018, the public administration ministry said in a circular said that in the case of the direct recruitment of the posts of ninth grade and tenth grade to 13th grade, the appointments should be based on merit.
The HC in the full text of its judgement, released on July 14, directed the government to restore and maintain quotas for freedom fighters’ children, districts, women, physically challenged people, tribes, minor races, and ethnic groups and others, if any, and to publish a notification in this regard as soon as possible, preferably within three months, from the date of receipt of its order.
Protesting the HC judgement, students started demonstration from July 1, demanding the reinstatement of the 2018 circular.
The anti-quota protesters believe that their movement is logical. They argue that the constitution does not mandate quotas, but Article 28(4) and Article 29(3) state that the state can provide quotas for backward communities if it deems necessary, but it is not obligatory.
They say the constitution mentions equality of opportunity and there is no rule to provide opportunities unjustly by giving quotas to one group and depriving another.
The constitution’s Article 29(2) states that no citizen shall be ineligible for or discriminated against in public employment solely on the grounds of religion, race, caste, sex, or place of birth. Article 28(4) states that special provisions can be made in favor of women, children, or any backward section of citizens for their advancement.
The protest gained momentum on July 14 when students from public universities took to the streets protesting a remark by Prime Minister Sheikh Hasina.
Since then, the movement turned violent that resulted in deaths of nearly 100 people, injuring several thousands and destruction of major government establishments including metro rail stations and several ministries.
