Supreme Court verdict: Quota exists or not

The Appellate Division has ordered the parties involved in a writ petition on quota system in the government jobs to maintain status quo.

Attorney general AM Amin Uddin and the lawyer of the writ petitioners' lawyer Mansurul Haque Chowdhury said the quota will not exist due to the verdict of the Appellate Division.

In connection with the matter, Supreme Court lawyer Shahdeen Malik said the government has something to do to meet the demand of the protestors.

A five-member bench led by chief justice Obaidul Hassan pronounced the order to maintain the status quo on Wednesday.

When asked about the meaning of the order, Mansurul Haque, speaking to Prothom Alo, said the effectiveness  of the High Court order will remain postponed.

Writ petitioners' lawyer Mansurul Haque Chowdhury, speaking to Prothom Alo, said the Appellate Division has not postponed the verdict of the High Court. The court has given the status quo.

When asked whether quota will be followed in the recruitment, he said the quota system will not be followed for now.

On 4 October 2018, the public administration ministry issued a circular canceling the quota from ninth to 13th grade (Class I and II) in government jobs.

At that time, there was a 56 per cent quota for government jobs. A total 30 per cent quota was for freedom fighters, 10 per cent for women, 10 per cent for district, 5 per cent for ethnic minorities and one per cent for physically disabled persons.

Challenging the legality of the circular, in 2021, seven children of freedom fighters, including Ohidul Islam, filed a writ with the High Court.

The High Court issued a rule over the primary hearing of the writ on 6 December 2021, seeking explanation about showing disrespect to freedom fighters and non-compliance of the High Court and the Appellate Division orders.

After the final hearing, the High Court declared the rule “absolute” on 5 June.

Seeking the stay of the High Court verdict, the state filed a petition, which was placed for hearing at the full bench of the Appellate Division via the chamber court.

As the writ petitioner sought time, the Appellate Division ordered “not today” (4 July). In this context, two students Tuesday filed a petition against the High Court verdict.

Since the verdict of the High Court, students and job seekers have been launching movements demanding reform in the quota system. They are organising 'Bangla Blockade' for the third day today. As a result, Dhaka city has come to a standstill. People have endured intolerable sufferings as the passenger buses are not playing.

Attorney general AM Amin Uddin told newsmen that the court set 7 August for hearing. After the hearing the full report will be available.

Speaking to Prothom Alo, he said the Appellate Division has asked all the relevant parties to maintain a status quo in the matter. That means the current status will remain in place. Quota system will not be followed in accordance with the circular published by the government in 2018.

The attorney general said the court's order cannot be changed by launching movement in the streets. If anyone has anything to say, he or she has to come to the court.

He said, "I will tell the students that you don't need to launch a movement. Meanwhile, the court has given an order. Don't create suffering for the people."

The students and job aspirants, who have been waging a movement seeking a reform in the quota system in government jobs, have said their movement does not have any relation with the court.

Anti-discriminatory student movement coordinator Nahid Islam told Prothom Alo, “Our today’s movement has no relation with the court. Actually, we are seeking a solution to the quota-issue from none but the executive. We have one demand. This is not a matter of the court. Only the executive can fulfil this. We are hoping for a clear statement from the government.”

Anti-quota demonstrators announced one point demand at a press conference on Tuesday.

They demanded that the illogical and discriminatory quota system in all government jobs has to be abolished and as per the constitution quota will exist for the backward section at a reasonable level through the passage of law in the parliament.

When asked about the matter, Supreme Court lawyer Shahdeen Malik said status quo means that the quota will not be followed for now. However, the matter will be finalised after the final verdict of the Appellate Division.

He said the court will not set a quota.

Shahdeen Malik said there will be no solution if the High Court's full verdict says the quota for the freedom fighters will remain.

When asked about the students' demand for enactment of law for quota reform, he said the new law will create complexity. Rather the matter can be resolved by issuing a circular, he added.