Appellate Division refuses to stay HC verdict on quota system
Can a court verdict be changed by movement? questions Chief Justice
5 JULY 2024
Staff Correspondent / Published : Friday, 5 July, 2024 at 12:00 AM
The Appellate Division of Supreme Court again on Thursday refused to stay a verdict of High Court Division that had asked the government to restore 30 per cent quota in government jobs for the children and grandchildren of freedom fighters.
The quotas relates to recruiting cadre and non-cadre officers in the civil service and in autonomous, semi-autonomous organisations and corporations.
A six-judge bench chaired by Chief Justice Obaidul Hassan adjourned the hearing on Thursday following writ petitioners request for time.
The Chief Justice reacted to the submission made by attorney general AM Amin Uddin for staying the High Court verdict.
The Chief Justice wanted to know from the Attorney General why there was such movement.
"Can a Supreme Court judgeent be changed by movement?," the Chief Justice wanted to know giving instruction to file a regular leave to appeal petition once the text of the High Courts full verdict has been released.
On June 9, the Appellate Divisions Chamber judge, Justice M Enayetur Rahim, set July 4 for full court hearing the governments appeal against the High Court Divisions verdict.
Attorney general AM Amin Uddin appealed to the chamber judge to stay the operation of the High Courts June 5 verdict, stating students were holding movements against restoration of the quota which was abolished by the government on October 4, 2018, in the wake of students protests.
The Attorney General submitted that abolishing the quota system was the policy matter of the government, so the High Court Division should not have interfered with the policy decision.
The judge refused to stay the High Court verdict and set July 4 for a full court hearing, stating nothing could be done unless the government obtains a certified copy of the verdict.
Since Advocate Mansurul Haque, the petitioners lawyer, was abroad, Advocate Md Zahirul Islam requested for time.
"Let the judgment of the High Court stay as it is now. You can file a regular appeal once the full verdict is published. We will listen," said the Chief Justice.
Hassan said, "Let them protest on the streets. Can you change the verdict of the High Court by protesting on the streets?"
Later, Advocate Motahar Hossain Saju, who appeared for the petitioner, said that the High Courts judgment would remain until the Appellate Division hears the appeal.
On October 4, 2018, in the face of a students movement, the government issued a circular withdrawing 10 per cent quota for women, 30 per cent for freedom fighters and 10 per cent for districts in government jobs.
According to the circular issued by the Ministry of Public Administration, the existing quota system for direct recruitment to the ninth grade (previously first class) and 10th to 13th grades (previously second class) was scrapped in favour of a merit-based system.
However, the circular stated that though the quota system for first and second-class jobs was abolished, the quotas will remain in place for third and fourth class posts.
Seven people, including Wahidul Islam - the son of a freedom fighter - filed a writ petition in 2021 challenging the validity of that circular.
On June 5, the High Court bench of Justice KM Kamrul Kader and Justice Khizir Hayat declared the decision to abolish quota system as illegal. Later, the government appealed.
The government circular announced abolishing all the 56 per cent quotas in the public service in the wake of protests by public university students and jobseekers.
The bench pronounced the verdict after disposing of a writ petition filed by Ohidul Islam, son of freedom fighter Md Foyez Uddin from Rahimganj, Mymensingh, and six others in 2021 challenging the legality of abolishing the 30 per cent quota for dependants of freedom fighters.
The dependants of the freedom fighters argued that the government abolished the freedom fighters quota in violation of a High Court verdict that on February 12, 2012, directed the government to reserve 30 per cent quota for the children of freedom fighters.