High Court releases full verdict on quota reinstatement
14 JULY 2024
Published : Sunday, 14 July, 2024 at 9:46 PM
The High Court has released the full verdict that declared the 2018 government circular related to the cancellation of existing quotas, including for freedom fighters, in direct recruitment to government jobs (grades 9 through 13) as illegal, reports UNB.
However, the High Court also mentions that if the government wishes to change, reduce, or increase the existing percentage of quota, this ruling will not be a bar to it.
As the Appellate Division issued an order on July 10 to maintain status quo regarding the quota, the High Court's ruling will not be enforced for the time being.
The Appellate Division has scheduled a hearing on this matter for August 8.
The 27-page full verdict was published on the Supreme Court's website on Sunday afternoon.
In the full text of the order, it said in 2012 "[another] High Court Division [bench] 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 shall be kept vacant'."
In the full text, the court said: "However, this judgement will not create any bar upon the respondents if they change, reduce or increase the ratio or percentage of the quotas relating to the aforesaid criteria as and when necessary. The respondents are at liberty to fill up the vacant post from the general merit list if any quota is not fulfilled in any public examination."
The court referred to Articles 111 and 112 of the Constitution to explain why the ruling was binding.
Article 111 says: "The law declared by the Appellate Division shall be binding on the High Court Division and the law declared by either division of the Supreme Court shall be binding on all courts subordinate to it."
Article 112 says: "All authorities, executive and judicial, in the Republic shall act in aid of the Supreme Court."
Previously, on July 11, a one-page brief verdict containing the decision, directives, and orders (operative part) of the High Court's ruling was published.
Regarding the ruling, Deputy Attorney General Sheikh Saifuzzaman said: "The Appellate Division has ordered to maintain the status quo regarding the quota. Therefore, the High Court's ruling will not be implemented at the moment."
Mansurul Haque Chowdhury, the lawyer for the petitioners at the High Court, said about the ruling: "The ruling has instructed to maintain all quotas. However, if necessary, the government can reduce or increase them. The Appellate Division has ordered to maintain the status quo. Thus, the ruling is not being implemented immediately."