Focal Points of HC Full Verdict on Quotas for Government Jobs

 
The High Court (HC) has said keeping the 30% quota for children of freedom fighters was binding upon the legislative branch and also the state machinery as the issue was already settled by the Appellate Division in 2013.

The HC made the observation according to the full text of its 5 June verdict - centering the 2018 circular which abolished the quota system - which was released on Sunday (14 July).

The violation of the Appellate Division judgement would be contemptuous, said the HC verdict.

In the full text of the order by the HC bench of Justice KM Kamrul Kader and Justice Khizir Hayat, 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 be kept vacant'."

The Appellate Division also issued a status quo this judgement, which makes it binding for the judiciary and all the other state machinery. 

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 obligatory.

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."

Last week, in the short order delivered on 5 June, which was published on 11 July, the High Court bench consisting of Justice KM Kamrul Kader and Justice Khizir Hayat declared the 2018 cancellation of quota by the government illegal.

It ordered that the quota for children/grandchildren of freedom fighters should be restored and the quota reserved for districts, women, those with disabilities, tribes, minor races and others should be retained.

University students across the country began protesting against the quota system for government jobs earlier this month after the HC on 30 June ordered to restore the quota for descendants of freedom fighters which was abolished in 2018.

It may be recalled that Students all over the country demonstrated for quota reforms during 2018 which ended through Prime Minister Sheikh Hasina's declaration to cancel the existing quota system for entry in government service. A few undesirable occurrences happened while the anti-quota demonstration was going on in 2018. Some miscreants attacked and vandalized the residence of the then Vice Chancellor, Dhaka University Professor Dr. Md. Akhteruzzaman. Some demonstrators were injured while colliding with policemen. The situation was further worsened by the awkward comments from a few ministers. Anyway, the demonstrations against the quota system for government jobs that broke out in 2018 at last calmed down through the Prime Minister's announcement to revoke all quotas for recruitment in government service.

Esteemed academic experts have commented that instead of just craving for government jobs, young people should equip themselves with necessary knowledge and skills to become capable of getting good jobs in private sector too. If a student cannot manage a government job, that is not the end of the road. Motivation from parents and educational institutions is very important in this regard.

There are frequent allegations that lots of job applicants have to pay big sums of bribes to higher officials, politicians, lobbyists, brokers for jobs in government offices but no remarkable demonstration ever took place protesting bribery, political influence or nepotism. These things are much more harmful than quotas.