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The cabinet secretary on Tuesday filed a petition in the Appellate Division seeking permission to appeal against a High Court verdict that asked the government to maintain quotas in recruitment of officers in the public service. 

The secretary also prayed for extension of the status-quo issued by the Appellate Division on July 10 enabling the government authorities to recruit officers without maintaining quotas as per the circular issued by the cabinet division on October 4, 2018, abolishing all forms of quotas.

The Appellate Division issued the status-quo order for four weeks on July 10 asking the government to file a regular petition seeking permission to appeal against the High Court verdict by August 7. 

It also adjourned until August 7 hearing of two provisional petitions—one filed by the cabinet secretary on June 9 seeking stay of the High Court verdict and the other by two Dhaka University students on July 9 seeking reform of the quota system.

The cabinet secretary in the appeal prayed for scrapping the High Court verdict on quota, stating, ‘The High Court cannot ask the government to formulate a policy in any manner; it is the prerogative of the executive to formulate its policy according to the requirements of the society.’

‘The Supreme Court ordered maintaining the 30 per cent quota in 2013 when there was a law for ensuring the quota system, but after changing the government’s policy by abolishing the quotas by the October 4, 2018 circular, the High Court cannot direct the government to make rules for ensuring quotas considering the present position of the government,’ the appeal continued.      

The High Court on July 14 published its 27-page full verdict on the quota system. 

The court in a short verdict on June 5 declared illegal a government circular issued on October 4, 2018, abolishing all quotas in recruiting officers in the public service, in the wake of student protests.     

The High Court in the full verdict asked the government to maintain quotas for the children and dependents of freedom fighters, districts, women, physically challenged people and ethnic minority people in its recruitment of officers in the civil service.

The High Court considered the descendants of the freedom fighters as backward citizens of the country and ordered maintaining 30 per cent quota for them following its earlier verdict which was also upheld by the Appellate Division.   

The High Court asked the government to publish a notification maintaining the quota system 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,’ the verdict said.

‘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 verdict.

It observed that the government ‘may take necessary steps by framing rules/guidelines to ensure the participation of backward sections of the citizens in the recruitment process of the government.’