Certain provisions of BCS, JSC rules challenged
Thursday, 10 June 2010
FE Report
The High Court on Wednesday issued a Rule Nisi on the Government in two petitions, to show cause why certain provisions of the BCS Rules and the JSC Rules should not be declared unconstitutional.
It claimed that these provisions and rules were inconsistent with the fundamental rights of persons with disabilities to equality, equality of opportunity and the right to a profession, court source told the FE.
The Rule Nisi also directed the respondents to show cause why they would not be directed to apply their discretionary powers and to perform their duties, as prescribed by law, to identify cadre posts within the Bangladesh Civil Service and the Judicial Service.
Dr. Kamal Hossain for the petitioners argued that the BCS Rules required urgent review in the present situation. He also claimed the rules 'wholly inappropriate' for a democratic society.
He pointed to rules which bar individuals based on height, weight, visual capacity and hearing ability, from eligibility for the services, as being wholly irrational and arbitrary.
The Rule has been made returnable within four weeks.
Dr Kamal Hossain appeared for the petitioners, with Sara Hossain, Khondoker Shahriar Shakir and Kazi Zahed Iqbal. The Attorney General Mahbubey Alam appeared for the Government with Mostafa Zaman Islam and Pratikar Chakma, DAGs.
It is to mention that a coalition of disability rights activists and advocates acting in the public interest filed two petitions on 18 April, respectively challenging Schedule III of the Judicial Service Commission and the Public Service Commission which bar persons with disabilities from being eligible for employment in judicial or public service.
The High Court on Wednesday issued a Rule Nisi on the Government in two petitions, to show cause why certain provisions of the BCS Rules and the JSC Rules should not be declared unconstitutional.
It claimed that these provisions and rules were inconsistent with the fundamental rights of persons with disabilities to equality, equality of opportunity and the right to a profession, court source told the FE.
The Rule Nisi also directed the respondents to show cause why they would not be directed to apply their discretionary powers and to perform their duties, as prescribed by law, to identify cadre posts within the Bangladesh Civil Service and the Judicial Service.
Dr. Kamal Hossain for the petitioners argued that the BCS Rules required urgent review in the present situation. He also claimed the rules 'wholly inappropriate' for a democratic society.
He pointed to rules which bar individuals based on height, weight, visual capacity and hearing ability, from eligibility for the services, as being wholly irrational and arbitrary.
The Rule has been made returnable within four weeks.
Dr Kamal Hossain appeared for the petitioners, with Sara Hossain, Khondoker Shahriar Shakir and Kazi Zahed Iqbal. The Attorney General Mahbubey Alam appeared for the Government with Mostafa Zaman Islam and Pratikar Chakma, DAGs.
It is to mention that a coalition of disability rights activists and advocates acting in the public interest filed two petitions on 18 April, respectively challenging Schedule III of the Judicial Service Commission and the Public Service Commission which bar persons with disabilities from being eligible for employment in judicial or public service.