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Published : 09 Jul 2026, 03:11 PM
The Appellate Division has ruled that the results of candidates from the Dhaka and Chittagong divisions who participated in the 2023 examination for the post of assistant teacher in government primary schools be republished on the basis of merit rather than quotas.
At the same time, it ordered the appointment of 151 writ petitioners in the case within the next 60 days as per the law and to maintain the appointments of 6,531 people who have already been appointed.
A five-member appeals bench headed by Chief Justice Zubair Rahman Chowdhury delivered the verdict on Thursday.
It has been ordered to re-publish the results of 46,199 candidates from the Dhaka and Chattogram divisions.
The previous 84 percent quota-based system will be replaced with a 93 percent merit-based assessment following the Supreme Court’s quota reform ruling.
After the verdict, Attorney General Ruhul Quddus Kazal said the 151 writ petitioners will not get direct or partial appointments.
He said the court had ordered that their eligibility be considered according to law.
“Earlier, it was said that 151 people would be appointed. But the court’s order is that appointments will be made in accordance with the law,” Kazal said.
He said only 17 of the 151 petitioners qualified when their results were checked under the merit-based system.
Highlighting the instructions received from the high-level government regarding the case, Attorney General Kazal said, “I spoke to the government’s policymakers before the final hearing in this case. I came to the court on behalf of the government with proper instructions after speaking to Education Minister ANM Ehsanul Hoque Milon MP, State Minister in Charge of the Ministry of Primary and Mass Education Bobby Hajjaj MP and the secretary of the ministry.”
Senior lawyer Tajul Islam, who is handling the case for the writ petitioners, highlighted the background in the case and said: “A circular was issued in 2023 for the appointment of assistant teachers in government primary schools.
“According to the quota system in place at that time, there was a provision for appointment based on the quota, which accounted for 84 percent.
“Challenging this discriminatory quota system and demanding appointment in light of the judgment of 93 percent merit-based appointment announced by the Supreme Court after the July Uprising, 151 job seekers filed a writ petition in the High Court.”
Lawyer Tajul said, “After hearing that writ, the High Court Division declared the previous quota-based recruitment process illegal and ordered the appointment of 151 writ petitioners.
“Later, the government appealed to the Appellate Division challenging the High Court’s verdict. Today, after the final hearing, the Appellate Division disposed of the government’s appeal and issued this important verdict.”
Regarding the re-evaluation of the results, the lawyer said: “The results of the oral examination of the 46,199 candidates who passed the written examination of that recruitment exam in Dhaka and Chattogram divisions, including the results, will be re-evaluated and published on the basis of merit.
“The government also filed an affidavit in the court on 3rd March last year on behalf of the 151 writ petitioners. Therefore, they will be appointed on the basis of merit, based on the government’s promise and affidavit, which will be assumed to have been done in accordance with the Supreme Court’s verdict on quotas.”
Regarding the rationale for retaining those already appointed and the scope of new cases, Tajul said: “If the appointments of 6,531 people were cancelled, a major disruption would have been created administratively. That is why the court has upheld their appointments in the interest of ‘complete justice’.”
Tajul, the lawyer for the writ petitioners, said: “There is no opportunity for anyone to file a new case and get appointed. This ruling will be specifically applicable to pending cases and for the future.
“The matters that have already been settled or concluded will be considered final.”
