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SC issues status quo over quota system

Staff Reporter:

The Appellate Division of the Supreme Court (SC) yesterday issued a status quo on the High Court judgment that declared illegal a 2018 government circular abolishing the 30 percent quota system for the Freedom Fighters’ children in the ninth to 13th grades of government jobs.
The apex court short order asked all the parties to maintain the status quo over the matter with some ob-servation and direction.
Explaining the order to the newsmen, Attorney General AM Amin Uddin said the matter would remain till August 7 as it is. The quota system would not be applied to the circulars issued based on the gov-ernment order issued in 2018 that abolished the 30 percent quota system for the Freedom Fighters’ chil-dren in the ninth to 13th grades of government jobs, he said.
“The matter would come again for hearing on August 7 and we would file a regular appeal after getting the full text of the High Court judgment,” the attorney general said.
“Now there is no logic in continuing movements over quota. If anyone gets aggrieved by the court’s judgment, he has to come to court for its remedy. I want to call upon the agitating students to concen-trate on their studies,” he said.
The apex court came up with the order after holding a hearing on separate pleas filed by the state and two students of the University of Dhaka against the High Court judgment.
Advocate Shah Manjurul Haque argued for the two petitioners, while Attorney General AM Amin Uddin stood for the state. Senior advocate Mansurul Haque Chowdhury took part in the hearing, pleading not to stay the High Court judgment before the release of its full text.
The Appellate Division of the Supreme Court on July 4 upheld ‘for now’ a High Court (HC) judgment that declared illegal a 2018 government circular abolishing the 30 percent quota system for the Freedom Fighters’ children in the ninth to 13th grades of government jobs.
“Not yesterday,” the apex court bench headed by Chief Justice Obaidul Hassan said on that day.
The Appellate Division after the hearing told the state to file a leave to appeal petition after the release of the full text of the High Court judgment that was pronounced on June 5, 2024.
A High Court division bench of Justice KM Kamrul Kader and Justice Khizir Hayat pronounced the judgment on June 5, paving the way for reinstating the 30 percent freedom fighter quota in government service. The court came up with the judgment, declaring absolute a rule issued earlier.
The government in 2018 through that circular said direct recruitment in all government jobs in 9th grade (old first class) and from 10th to 13th grade (old second class) will be completely based on merit, abol-ishing the existing quota system.
Seven people, including Muktijoddhar Sontan o Projonmo central command council president Ohidul Islam Tushar, filed the writ with the High Court, challenging the legality of the circular.
The High Court after that issued the rule asking the authorities concerned to reply as to why the circular shall not be declared illegal.

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