The Appellate Division of the Supreme Court (SC) on Wednesday
issued a status quo on the High Court judgment that declared illegal a 2018
government circular abolishing the 30 percent quota system for the Freedom
Fighters' children in the ninth to 13th grades of government jobs.
The apex court short order asked all the parties to maintain
the status quo over the matter with some observation and direction. Explaining
the order to the newsmen, Attorney General AM Amin Uddin said the matter would
remain till August 7 as it is. The quota system would not be applied to
the circulars issued based on the government order issued in 2018 that
abolished the 30 percent quota system for the Freedom Fighters' children in the
ninth to 13th grades of government jobs, he said. “The matter would come
again for hearing on August 7 and we would file a regular appeal after getting
the full text of the High Court judgment,” the attorney general said. “Now
there is no logic in continuing movements over quota. If anyone gets aggrieved
by the court’s judgment, he has to come to court for its remedy. I want to call
upon the agitating students to concentrate on their studies,” he said.
The apex court came up with the order after holding a
hearing on separate pleas filed by the state and two students of the University
of Dhaka against the High Court judgment. Advocate Shah Manjurul Haque
argued for the two petitioners, while Attorney General AM Amin Uddin stood for
the state. Senior advocate Mansurul Haque Chowdhury took part in the hearing,
pleading not to stay the High Court judgment before the release of its full
text. The Appellate Division of the Supreme Court on July 4 upheld ‘for
now’ a High Court (HC) judgment that declared illegal a 2018 government
circular abolishing the 30 percent quota system for the Freedom Fighters'
children in the ninth to 13th grades of government jobs. “Not today,” the
apex court bench headed by Chief Justice Obaidul Hassan said on that day.
The Appellate Division after the hearing told the state to
file a leave to appeal petition after the release of the full text of the High
Court judgment that was pronounced on June 5, 2024. A High Court division
bench of Justice KM Kamrul Kader and Justice Khizir Hayat pronounced the
judgment on June 5, paving the way for reinstating the 30 percent freedom
fighter quota in government service. The court came up with the judgment,
declaring absolute a rule issued earlier. The government in 2018 through
that circular said direct recruitment in all government jobs in 9th grade (old
first class) and from 10th to 13th grade (old second class) will be completely
based on merit, abolishing the existing quota system. Seven people, including
Muktijoddhar Sontan o Projonmo central command council president Ohidul Islam
Tushar, filed the writ with the High Court, challenging the legality of the
circular. The High Court after that issued the rule asking the authorities
concerned to reply as to why the circular shall not be declared illegal.
