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Hearing on HC order reinstating quota system postponed

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The Appellate Division, led by Chief Justice Obaidul Hassan, issued a "not today" order in response to the petitioners' request for more time.

Staff Correspondent

Publisted at 11:41 AM, Thu Jul 4th, 2024

The hearing on the government's appeal to stay the High Court order that declared the circular abolishing the freedom fighter quota for direct recruitment in government, autonomous or semi-autonomous bodies, and various corporations (grades 9 to 13) illegal has been postponed.

The Appellate Division, led by Chief Justice Obaidul Hassan, issued a "not today" order on Thursday in response to the petitioners' request for more time. 

Additionally, the Supreme Court directed the state to file a regular leave to appeal.

On 5 June, the High Court ruled that the circular abolishing the freedom fighter quota for grades 9 to 13 was illegal, following a final hearing on a writ petition.

The state subsequently filed an appeal to stay this ruling, which was scheduled for a hearing on 4 July by the Chamber Court on 9 June.

Advocate on record Zahirul Islam, representing the petitioners, requested a one-day postponement, citing the absence of senior lawyer Monsurul Hoque, who is currently abroad. Attorney General AM Amin Uddin pointed out that the quota system had been amended in 2018, leading to the issuance of the circular, which the High Court declared illegal.

The court inquired about the Chamber Court's previous order, to which Zahirul Islam responded that it had been set for a hearing by the full bench. The court then stated, "Not today," and instructed the state to file a leave to appeal, stating that they would not interfere at this time.

Attorney General AM Amin Uddin mentioned that the High Court's verdict had not yet been received, to which the court responded that it would be provided.

The court also questioned the reason behind ongoing protests, implying that pressure from movements would not alter the High Court's or the Supreme Court's decisions.

On 4 October 2018, the Ministry of Public Administration issued a circular amending the existing quota system for direct recruitment in government, autonomous or semi-autonomous bodies, and various corporations. The circular, which revised the memorandum dated 17 March 1997, stated that appointments for grades 9 (formerly 1st class) and 10-13 (formerly 2nd class) would be based on merit, thereby abolishing the existing quota system for these grades.

In 2021, job seekers and children of freedom fighters, including Ahidul Islam, filed a writ challenging the legality of this circular. The High Court issued a rule on 6 December 2021, asking why the circular should not be declared illegal. Following the final hearing, the High Court made the rule absolute and delivered its verdict on 5 June.

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