The High Court has released the full verdict declaring the 2018 government circular, which canceled existing quotas for direct recruitment to government jobs (grades 9 through 13), including those for freedom fighters, as illegal. However, the ruling also states that the government is free to alter the percentage of quotas as needed.
Despite this ruling, an order from the Appellate Division on July 10 to maintain the status quo on quotas means the High Court’s decision will not be enforced for now. A hearing on this matter is scheduled for August 8.
The detailed 27-page verdict was published on the Supreme Court’s website on Sunday afternoon. It highlights a 2012 High Court Division observation that strictly enforced a 30% quota for freedom fighters’ children, removing the provision that unfilled quotas should leave posts vacant.
The full text clarifies that the ruling does not prevent the government from adjusting quota percentages. It allows filling vacant posts from the general merit list if specific quotas are not met in public examinations. The court referenced Articles 111 and 112 of the Constitution, emphasizing the binding nature of the Appellate and High Court Division’s rulings on subordinate courts and authorities.
On July 11, a brief verdict outlining the High Court’s decision was previously released. Deputy Attorney General Sheikh Saifuzzaman noted that the status quo order from the Appellate Division means the High Court’s ruling will not be implemented immediately. Petitioners’ lawyer Mansurul Haque Chowdhury reiterated that the ruling mandates maintaining all quotas but permits government adjustments as necessary.
