Amid protests over the apparent restoration of the quota system in government jobs, the Chamber Judge of the Appellate Division on Sunday upheld the High Court order that had declared the cancellation of the freedom fighters quota in government jobs illegal.
Justice M Enayetur Rahim, Chamber Judge of the Appellate Division, passed the order and fixed July 4 for hearing the petition in the full bench of the Appellate Division.
Senior Advocate Motahar Hossain Saju stood for the petition while Attorney General AM Amin Uddin represented the state.
Earlier in the day, the state counsel filed a petition seeking a stay order on the High Court order that had declared the government’s decision cancelling the freedom fighter quota for the 1st and 2nd class government officers illegal.
After extensive protests by a section of students and job aspirants, the government had surprisingly bowed to their demands and scrapped quotas in government jobs, issuing a circular to this effect on October 4, 2018.
After almost six years, on June 5, the High Court ordered that scrapping the 30% reservation for freedom fighters (and their families or descendants) in government jobs was illegal.
An HC bench of Justice Md Nazrul Islam Talukder and Justice Khizir Hayat passed the order.
The government, through the circular dated October 4, 2018, had said recruitment in all government jobs in the 9th to 13th grades would be completely merit-based, abolishing quotas.
It overturned an executive order from November 1972 through which the government had introduced a 30% quota for freedom fighters, and 10% for women in the government, semi-government, and defence and nationalised institutions.
Various governments at various times tweaked the reservations, adding or removing communities targeted for upliftment on the basis of various reasons, from the political to developmental.
At the time of the abolition in 2018, about 56 percent of government jobs ended up on the reserved list for candidates from various quotas.
The largest remained the 30 percent for freedom fighters' children and grandchildren; there was 10 percent for women, which had been joined by 10 percent for people of underdeveloped districts.
Five percent of the jobs were reserved for members of indigenous communities, while 1 percent also went to people with disabilities or the physically-challenged.
It is to be noted that the petition only concerns itself with the 30% quote restoration for freedom fighter families. However, in the course of arguing for this particular quota’s restoration, if it is found that the entire order of October 4, 2018 was legally unsound, it could result in the restoration of the quota system exactly as it was on October 3, 2018.
Road to Restoration?
On June 2, 2018, the government formed a seven-member committee, headed by the then-cabinet secretary to reform the quota system amid demonstrations by students and job seekers for reforming the system.
Later, the Public Administration Ministry on October 4, 2018, issued the circular cancelling the quota in direct recruitment process in the 1st class and 2nd class government jobs.
Ohidul Islam Tushar, president of Bangladesh Muktijoddha Sontan o Projonmo Kendrio Command Council, filed a writ petition challenging the government decision, with specific to the 30% reservation for freedom fighter families.
On December 6, 2021, the High Court issued a rule asking the government to explain as to why the circular dated October 4, 2018 should not be declared illegal.
The cabinet secretary, secretary to the Liberation War Affairs Ministry, secretary to the Public Administration Ministry, and the Chairman of the Public Service Commission were made respondents to the rule.