The High Court (HC) has affirmed that the government holds the authority to modify, reduce, or increase the ratio or percentage of quotas in public sector jobs as needed. This authority includes the discretion to fill vacant positions from the general merit list if specific quota spots are unfulfilled.
In its ruling, the HC invalidated the Ministry of Public Administration’s circular from October 4, 2018, which had abolished the quota system for government job recruitment. The court found that the ministry had issued this circular without proper legal authority. The 2018 circular had specified that recruitment for posts at the 9th grade (formerly 1st class) and 10th to 13th grades (formerly 2nd class) should be based purely on merit, effectively eliminating the existing quota system for those positions.
The HC’s decision came on June 5 in response to a writ petition filed by Ohidul Islam Tushar and six other children of freedom fighters, who had challenged the legality of the 2018 circular. Following the ruling, protests erupted across various educational institutions, including Dhaka University, as students demanded the circular’s reinstatement and reforms to the quota system. Demonstrations intensified on July 4 after the Supreme Court’s Appellate Division did not halt the HC’s verdict, despite a government appeal.
In its judgement, the HC directed the government to reinstate quotas for children and grandchildren of freedom fighters and maintain existing quotas for districts, women, persons with disabilities, and ethnic minorities. The government was instructed to issue a notification formalizing these changes within three months of receiving the order.
Deputy Attorney General Sk Shaifuzzaman, who reviewed the HC’s partial judgement, noted that a full text of the judgement is essential before any appeal can be brought before the Appellate Division. The Appellate Division imposed a four-week status quo on July 10, meaning the quota system will be suspended until further notice. Legal experts explained that this status quo maintains the HC’s ruling pending any additional decision from the Appellate Division.
