The Appellate Division of the Supreme Court on Sunday refused to stay a High Court verdict that asked the government to restore 30 per cent quota for the children and grandchildren of freedom fighters while recruiting cadre and non-cadre officers in the civil service.
The Appellate Division鈥檚 judge at chamber, Justice M Enayetur Rahim, however, set July 4 for hearing by its full court a government appeal against the High Court verdict.聽聽聽
Attorney general AM Amin Uddin appealed to the chamber judge to stay the operation of the High Court鈥檚 June 5 verdict, stating students were holding movements against restoration of the quota which was abolished by the government on October 4, 2018, in the wake of students鈥� street protests.
The chamber judge rebuked the attorney general for referring to 鈥榮tudents鈥� protests鈥� to the court.
The attorney general later argued that abolishing the quota system was the policy matter of the government, and so the High Court should not interfere with the policy decision.
The judge refused to stay the High Court verdict and set July 4 for a full court hearing, stating nothing could be taken unless the government obtains a certified copy of the verdict.聽
The bench of Justice KM Kamrul Kader and Justice Khizir Hayat pronounced the verdict declaring a part of the government circular issued on October 4, 2018 abolishing freedom fighters quota in the public service 鈥榠llegal鈥�.
The government circular announced abolishing all the 56 per cent quotas in the public service in the wake of street protests by the public university students and jobseekers demanding reforms to the quota system introduced in 1972.
The court pronounced the verdict after disposing of a writ petition filed by Ohidul Islam, son of freedom fighter Md Foyez Uddin from Rahimganj of Mymensingh, and six others in 2021 challenging the legality of abolishing the 30 per cent quota for dependants of freedom fighters.聽聽
The dependants of the freedom fighters argued that the government abolished the freedom fighters鈥� quota in violation of a High Court verdict that on February 12, 2012, directed the government to maintain a 30 per cent quota for the offspring of the freedom fighters in every appointment.
The High Court verdict was later upheld by the Appellate Division, they added.聽聽聽聽聽聽聽聽
Lawyer Motahar Hossan Sazu, appearing for the children of freedom fighters argued that the government abolished the quota system through a circular instead of passing a law.
On November 5, 1972, then government through an executive order introduced the 30 per cent quota for freedom fighters and 10 per cent for women in the jobs at the government, semi-government, defence and nationalised institutions.