What HC full verdict says on freedom fighter quota reinstatement
The court said the Appellate Division settling the matter meant it was binding and violating it would be contemptuous, while also adding there was no bar upon the government to change quota ratio when necessary.
The High Court has said keeping the 30% quota for children of freedom fighters was binding upon the judiciary and also the state machinery as the issue was already settled by the Appellate Division in 2013.
The HC made the comment in the full text of its 5 June verdict – centring the 2018 government circular that abolished the quota system.
The violation of the Appellate Division judgement would be contemptuous, as mentioned in the full text released on Sunday (14 July).
Keep updated, follow The Business Standard's Google news channel
Explaining to The Business Standard, Attorney General AM Amin Uddin said, "In 2012, there was a verdict by a division bench of the High Court to strictly follow the 30% freedom fighter quota. That ruling was upheld by the Appellate Division in 2013.
"The full verdict on the quota that the High Court released on Sunday stated that it had reinstated the quota based on the 2013 judgement of the Appellate Division, which is mandatory to follow.
"The High Court, in its full judgement, also said the government can reset the quota if it wants. This is the High Court's own observation," the attorney general further said.
In the full text, the HC bench of Justice KM Kamrul Kader and Justice Khizir Hayat said, "In 2012, another division bench of the High Court observed that the reservation of a 30% quota for the children of freedom fighters shall be followed strictly, and expunged the words 'if the quota cannot be filled up, the concerned post shall be kept vacant'."
In 2013, the Appellate Division upheld the High Court verdict, making it binding for the judiciary and all the other state machinery.
In the 5 June verdict, the HC ordered the quota for children and grandchildren of freedom fighters be restored and the quota reserved for districts, women, those with disabilities, tribes, minor races, and others be maintained.
"However," it added, "this judgement will not create any bar upon the respondents if they change, reduce, or increase the ratio or percentage of the quotas relating to the aforesaid criteria as and when necessary. The respondents are at liberty to fill up the vacant post on the general merit list if any quota is not fulfilled in any public examination."
The court referred to Article 111 and 112 of the Constitution to explain why the Appellate Division's 2013 ruling was binding for the judiciary.
Article 111 says, "The law declared by the Appellate Division shall be binding on the High Court Division, and the law declared by either division of the Supreme Court shall be binding on all courts subordinate to it."
Article 112 says, "All authorities, executive and judicial, in the Republic shall act in aid of the Supreme Court."
University students across the country began protesting against the quota system for government jobs earlier this month after the HC on 5 June declared illegal the government circular that cancelled the quota for the children of freedom fighters.
The Appellate Division on 10 July issued a status quo on this judgement after hearing two separate pleas.
Sheikh Md Saifuzzaman, deputy attorney general of the High Court bench concerned, told TBS on Sunday that the Appellate Division has set the date for a hearing on 7 August. As a result, the HC judgement will not be effective for the time being.
