30pc quota a right of FFs’ descendants
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three months from the date of receipt of this order.
The court, however, said the government can change, reduce or increase the ratio or percentage of the quotas in public jobs, if necessary, and can fill the vacant posts from the general merit list if any quota in government recruitment is not fulfilled.
“We noticed that several writ petitions were filed to maintain the quota reserved for freedom fighters, by different freedom fighters and their children, and in all writ petitions, this hon’ble court clearly held that the 30 percent quota reserved for freedom fighters and their children should strictly be maintained.
“ … Since the Appellate Division has already settled the matter and affirmed the judgment and order of the High Court Division with the modification as quoted above, the same is binding upon us as well as all authorities of the state machinery as per articles 111 and 112 of our constitution and violation of the same is contemptuous,” said the HC bench of Justice KM Kamrul Kader and Justice Khizir Hayat in the 27-page verdict.
On June 5 this year, the bench declared illegal the circular, issued by the public administration ministry on October 4, 2018, which cancelled the quota system in government jobs, as it was issued without lawful authority.
The court delivered the verdict after a writ petition was filed by Ohidul Islam Tushar and six other children of freedom fighters challenging the legality of the circular.
The circular said that in the case of direct recruitment to the posts of 9th grade (formerly class-1) and 10th to 13th grades (formerly class-2), the appointments should be made based on merit.
Protesting the HC judgment on June 5, students staged demonstrations at different educational institutions, including Dhaka University. They took to the streets on July 1, demanding the reinstatement of the 2018 circular.
Students intensified their protests across the country since July 4 as the Appellate Division of the Supreme Court did not stay the HC verdict following a government petition.
The protesters are carrying on demonstrations, demanding reforms of the quota system through the formulation of a law.
“Quotas reserved for the freedom fighters and affected women were introduced absolutely on clear recognition to the freedom fighters for their heroic contribution to the nation, which has also been extended to the children and grandchildren of the freedom fighters, a clear recognition that the freedom fighters have achieved.
“Thus, it cannot be said to be a mere policy of the government as the same is absolutely given as recognition to the freedom fighters for their heroic contribution for emancipation of Bangladesh, which cannot be and should not be taken so lightly equating with other citizens of the republic.
“The heroic contribution of the freedom fighters, and suffering and pain sustained by the freedom fighters and their offspring during the nine months of our Liberation War and after August 15, 1975, to till 1996 -- 21 years -- cannot be ignored, and the nation must have the highest regard to the freedom fighters, and anything is done derogatory or taken away the right and privilege should be treated as illegal and unconstitutional.
“Such constitutional and legal right of freedom fighters, their children, and grandchildren and others -- districts, women, physically challenged persons, tribes, minor races, and ethnic groups -- are not being inconsistent with articles 28(4) and 29(3)(a) of the constitution, and the same cannot be taken away by the stroke of a pen as policy decision of the government,” the HC said.
“The freedom fighters are pride of our nation. Thus, we are of the view that during the period of August 15, 1975, to 1996, the freedom fighters, their children and grandchildren have been suffering socially, economically and politically, which makes them one of the most backward sections of the citizen of this country,” the HC judges observed.
They further said the respondents (the government) may take necessary steps by making rules or guidelines to ensure participation of backward sections of the citizen in the recruitment process of the government.