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Top court maintains High Court verdict to restore freedom fighter quota for now

The state has been instructed to file a regular ‘leave to appeal’ petition once the text of the High Court’s full verdict has been released

Top court maintains High Court verdict to restore freedom fighter

Senior Correspondent

bdnews24.com

Published : 04 Jul 2024, 03:02 PM

Updated : 04 Jul 2024, 03:02 PM

The Appellate Division has not overturned the High Court’s judgement declaring the notice repealing the freedom fighter quota system for recruitment to government, autonomous, semi-autonomous institutions, and corporation positions as illegal.

A six-member bench headed by Chief Justice Obaidul Hassan adjourned the hearing on Thursday upon the writ petitioner’s request for time.

The state has also been instructed to file a regular ‘leave to appeal’ petition once the text of the High Court’s full verdict has been released.

Since Advocate Mansurul Haque, the petitioner’s lawyer, was abroad, Advocate Md Zahirul Islam requested more time from the court.

“Let the judgement of the High Court stay as is for now. You can file a regular appeal once the full verdict is published. We will listen,” the chief justice in response.

Hassan added: “Let them protest on the streets. Can you change the verdict of the High Court by protesting on the streets?”

Later, Advocate Motahar Hossain Saju, who appeared for the petitioner, said that the High Court’s judgement would be upheld until the Appellate Division heard the appeal.

On Oct 4, 2018, in the face of a student movement, the government issued a circular cancelling the 10 percent women quota, the 30 percent freedom fighter quota and the 10 percent district quota for government jobs.

According to the circular issued by the Ministry of Public Administration, the existing quota system for direct recruitment to the posts of ninth grade (previously first class) and 10th to 13th grade (previously second class) was scrapped in favour of a merit-based system.

However, the circular stated that though the quota system for first and second-class jobs was abolished, the quotas will remain in place for third and fourth-class posts.

Seven people, including Wahidul Islam – the son of a freedom fighter - filed a writ petition in the High Court in 2021 challenging the validity of that circular.

On Jun 5, the High Court bench of Justice KM Kamrul Kader and Justice Khizir Hayat declared the decision to scrap the quota system illegal after the hearing. Later, the state appealed.

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