The Appellate Division on Thursday reinstated a High Court verdict that was pronounced 16 years ago with an order to appoint the candidates who passed the first viva-voce of the 27th Bangladesh Civil Service examination.
The five-member Appellate Division bench, led by Chief Justice Syed Refaat Ahmed, unanimously pronounced the order after hearing three appeals filed in favour of deprived 1,137 candidates.
Though the 1,137 candidates passed the first viva-voce examination, they failed the second viva-voce in the 27th BCS. The three appeals were filed by 140 candidates on behalf of the 1,137.
The Appellate Division on Wednesday heard the appeals and set Thursday for the verdict, which was passed around 10:00 am today.
Earlier, on 11 July 2010, the Appellate Division pronounced a verdict upholding a High Court verdict that declared the decision to scrap the first viva-voce exam in the 27th BCS legally valid. The apex court cancelled the verdict today.
Senior lawyer Salah Uddin Dolon, Md Ruhul Kuddus and Mohammad Shishir Monir represented the appellants while additional attorney general Anik R Haque represented the state, and Mohammad Khalekuzzaman Bhuiyan represented the Public Service Commission (PSC) in the court.
Over a hundred candidates were present in the courtroom during the verdict.
Speaking to the media after the verdict, Salah Uddin Dolon said of the nearly 1,200 candidates, those who would like to join the job will get appointment with seniority of the 27th BCS batch.
According to the lawyer, the decision to conduct the second viva-voce exam in the 27th BCS was taken during the 1/11 government. At that time, the decision was taken that 1,137 candidates would enter the job after the final recommendation.
17 years’ legal fight
A case was filed with the High Court on the decision of taking the second viva-voce exam. On 3 July 2008, a High Court bench gave a verdict declaring the decision to cancel the results of the first viva-voce exam of the 27th BCS valid.
Later, on 11 November 2009, another bench of the High Court declared the second viva illegal. As many as 205 people filed a writ petition with the High Court in this regard.
The verdict pronounced on 11 November 2009 said the candidates who joined based on the second viva-voce will remain in the job and their seniority will be determined as per the law. At the same time, the verdict asked the government to appoint the writ petitioners within three months.
Today’s verdict of the Appellate Division reinstated the HC order pronounced on 11 November 2009.
Earlier, 25 deprived candidates filed two leave to appeal pleas with the Appellate Division against the first HC verdict pronounced on 3 July 2008 while the government filed three leave to appeal pleas against the second verdict.
After making some observations, the Appellate Division disposed of the government’s leave to appeal and pronounced a verdict on 11 July 2010. The verdict said that it was a right decision to conduct the second viva-voce examination.
Seeking a review of this Appellate Division verdict, 140 candidates on behalf of the 1,137 filed different appeals last year. Accepting the hearing on 7 November 2024, the court granted a leave to appeal plea. Later, three appeals were filed in this regard. Those appeals were heard on Wednesday.
Relevant people said as many as 3,567 candidates passed the first viva-voce exams of the 27th BCS that took place on 21 January 2007.
The advisory council of the caretaker government at that time decided to cancel the results of the first viva-voce conducted on 30 May that year.
As per the decision, the PSC on 1 July cancelled the results of the viva-voce exams.
The second viva-voce was conducted on 29 July that year. The results were published on 23 September 2008 where 3,229 candidates passed. Later, they were given appointments.