Govt. files appeal with SC to scrap HC verdict on job quota

High Court symbol

The government Tuesday filed a leave-to-appeal petition with the Appellate Division of the Supreme Court challenging the High Court judgement, which reinstated quota in government jobs.

The Attorney General (AG) office submitted the petition to the apex court seeking a "leave" to scrap the High Court verdict in quota case.

In the petition, it has been said that keeping provision of quota in the public service is a policy decision of the government and the court cannot interfere with this policy decision, Attorney General AM Amin Uddin told reporters at his office.

Replying to a question on whether his office will move the petition before the Appellate Division's Chamber Judge soon, Attorney General said the Appellate Division is scheduled to hold a hearing on the petition on August 7.

In response to another question, Amin Uddin said he thinks that those who are instigating the students for the anti-quota movement are diverting them into a wrong way out of political purpose.

Even though the apex court has asked the students to place their arguments before the court through lawyers, they are continuing their movements, he said, adding that nobody can change the apex court verdict.

Following a writ petition, the High Court on June 5 this year declared illegal the circular, issued by the Public Administration Ministry on October 4 of 2018, which cancelled the quota system in government jobs.

The circular said in the case of direct recruitment to the posts of Ninth grade (formerly class-1) and tenth to thirteenth grades (formerly class-2), the appointments should be made based on merit.

The High Court in the full text of the judgement, which was released on July 13, has also directed the government to restore and maintain the quotas for “districts, women, physically challenged people, tribes, minor races and ethnic groups and others, if any,” and to publish a notification in this regard as soon as possible preferably within three months from the date of receipt of the order.

The High Court, however, said the government can change, reduce or increase the ratio or percentage of the quotas in public jobs, if necessary and can fill the vacant posts from the general merit list if any quota in government recruitment is not fulfilled.

Protesting the High Court verdict on June 5, students staged demonstrations at different educational institutions, including Dhaka University. They took to the streets on July 1, demanding the reinstatement of the 2018 circular.

Students intensified their protests across the country since July 4 as the Appellate Division did not stay the High Court verdict following a government petition.

The protesters are carrying on demonstrations, demanding reforms of the quota system through the formulation of a law.

Amid the situation, the government and two Dhaka University students moved two petitions before the Appellate Division seeking a stay on the High Court verdict.

Following their petitions, the Appellate Division on July 10 directed the parties to maintain the status quo regarding the subject matter of the case till the filing of civil petitions for leave-to-appeal.

“The impugned judgement of the High Court shall remain inoperative till that period,” the Appellate Division said in the full text of its order. - Special Correspondent