
The High Court in the operative part of its verdict on quota in government job has said that the government at liberty to change, reduce or increase the ratio or percentage of the quotas.
‘However, this judgement will not create any bar upon respondents if they change, reduce or increase the ratio or percentage of the quota relating to the aforesaid criteria and when necessary,’ says the operative part of the verdict, which was released on Thursday, according to deputy attorney general Sheikh Shaifuzzaman.
The High Court bench of Justice KM Kamrul Kader and Khizir Hayat pronounced the verdict on June 5.Â
The High Court in the verdict asked the government to maintain quotas for the children and dependents of freedom fighters, district, women, physically challenged people and indigenous people while recruiting officers in the civil service.
The operative part of the verdict said, ‘The respondents are directed to restore quota for freedom fighters’ children and grandchildren following the judgement and order in a writ petition filed in 2012 which was affirmed and modified by the Appellate Division in leave petition filed in 2013.’
Lawyer Monsurul Hoque Chowdhury who appeared for the children of freedom fighters told ¶¶Òõ¾«Æ· on Thursday night that the Appellate Division in its 2013 verdict directed the government to restore 30 per cent quotas for such children in government job.  Â
The High Court in its operative part of the verdict asked the government to publish a notification restoring the quotas as soon as possible, preferably within three months.
‘The respondents are at liberty to fill up the vacant posts from general merit list, if any quota is not fulfilled in any public examination,’ it said.
The court in a briefed verdict on June 5 declared illegal the October 4, 2018 circular issued by the Cabinet Division abolishing quotas in government jobs.
The High Court pronounced the verdict after disposing of a writ petition filed by Ohidul Islam, son of freedom fighter Md Foyez Uddin from Rahimgonj of Mymensingh, and six others in 2021.
The operative part of the HC verdict came when quota protesters continued their protests across the country for the 11th consecutive day.
The short verdict was published, the day after the Appellate Division asked the government authorities to maintain status-quo for four weeks 7 in respect to the enforcement of the quota system.
A five-judge Appellate Division bench chaired by chief justice Obaidul Hassan on Wednesday also set August 7 for holding further hearings in two petitions — one filed by the government on June 9 seeking stay on the High Court verdict and the other by two Dhaka University students on July 9 — seeking reform of the quota system.
The Appellate Division said that it issued the status quo order as the High Court had yet to publish the full text of the verdict.Â
The Cabinet Division issued the circular abolishing al 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.
Until the abolition, about 56 per cent of government jobs were reserved for candidates from various quotas — 30 per cent for freedom fighters’ children and grandchildren, 10 per cent for women, 10 per cent for people of underdeveloped districts, 5 per cent for members of national minorities and 1 per cent for physically challenged people.
On November 5, 1972, then government through an executive order introduced 30 per cent quota for freedom fighters and 10 per cent for women in the jobs at the government, semi-government, and defense and nationalised institutions.