Quota cut to 7pc, merit wins most at 93pc

Quotas in government recruitment are slashed to 7.0 per cent while merits get the most at 93 per cent in apex-court verdict delivered Sunday amid nationwide curfew enforced to calm violence during quota protests.
The 7.0 per cent in the total job quota breaks down as 5.0 for Freedom Fighters' children, 1.0 for ethnic groups and another 1.0 per cent for the physically challenged and third gender combined.
The Appellate Division of the Supreme Court of Bangladesh, which at sat under security bulwarks, after its advanced appeal hearings overturned an earlier High Court verdict that had cancelled government's quota-abolition order and reinstated the full quotas at an aggregate 56 per cent.
However, in its verdict, the AD said the onus lies with the government to make the final arrangements on the quota system as it is a "policy matter".
"To execute the court verdict, now the executive branch of the state has to issue a notification," Attorney-General AM Aminuddin, flanked by other attorneys, said after what the state side described as a "complete verdict".
And Law Minister Anisul Haque later in the day told journalists that the government would publish the gazette "as soon as possible". "Tomorrow is closed, so it's likely Tuesday."
Further explaining the court verdict on a recast of the quota system, he said, "There's now no women quota, nor district quota."
The law minister also clarifies only children of valiant freedom fighters will be entitled to the quota, not their grandchildren. Also entitled now are children of Birangonas or repressed war-veteran women.
Fixing the government job quota under its jurisdiction stipulated in the Article 104 of the Constitution, the apex court further outlined that "if qualified jobseekers are not available for the fixed posts of the priority groups, then vacant posts will be fulfilled by the candidates on the common merit list."
The verdict carries a direction for the government to issue a gazette or notification to this effect "without delay".
It has also given the government an option to "cancel, correct or reform the court's determination on quotas" if the government feels any need considering all aspects.
A seven-member bench of the Appellate Division headed by Chief Justice Obaidul Hassan delivered the high-calibrated judgment after hearing several leave-to-appeal petitions filed by the government and other parties against the HC verdict.
The apex court urged the protesting students, who will be vested with the future responsibility of the state, to go back to their respective educational institutions and concentrate on their studies by creating suitable environment there so that they can build up themselves.
Now that their original demand is met, the court hopes the "child-like students will play responsible and positive role all the time".
It urges the heads of all universities, colleges, schools and madrasas to take initiative for bringing back their students in the respective educational institutions by ensuring suitable environment on the recently troubled campuses. The court hopes that the teachers will be "very cordial" to this effect.
It asks the guardians of the agitating students to take initiative for the same purpose.
The government is advised to cooperate with the authorities of the educational institutions to ensure favourable environment there so that the students can go back to their campuses and complete their academic life.
In an elaborate direction in the complete verdict, aided by senior jurists, the supreme court urged the government to extend "all necessary cooperation to the judicial investigation committee that has already been formed to probe death incidents during the quota movement so that it can carry on its task properly".
The court hopes the investigation committee will find out the causes of deaths during the quota movement and identify those responsible. "The government will take action on the basis of probe report of the investigation committee."
The court expects that the students will withdraw their ongoing movement after this verdict.
Following a writ petition, the High Court on June 5 this year declared illegal a government decision that had abolished freedom-fighter quota in class-one and-two government jobs. The FF quota was reinstated following the High Court order, opined the lawyers concerned.
The High Court verdict made aggrieved the common students and triggered a movement across the country. Many protesters have died so far as the unprecedented scale of violence centering the quota reform movement intensified.
In the backdrop of the student movement, the government filed appeal petition with the apex court. However, on July 10, the apex court directed the parties concerned to maintain status quo for four weeks in respect of subject matter of the quota system.
In the order, the apex court had said, "The parties are directed to maintain status-quo in respect of subject matter for four weeks." It also set August 7 for further proceedings on the matter.
However, four people were killed in a clash with police at Pollanpur in Madhabdi upazila of Narsingdi district Sunday amid nationwide curfew imposed Friday after prolonged quota-reform movement erupted into massive violence.
Three of the deceased were identified as Nahid, 22, a textile-mill worker, Rabbi, 15, a class-X student of Lal Mia High School, and Hossain Ali, 22, a 'jhalmuri' vendor, Identity of another could not be known immediately, says a UNB report datelined Narsingdi.
Kamruzzaman, officer-in-charge of Madhabdi Police Station, said a group of unidentified people blocked road by burning tyres and placing logs in Pollanpur, Shekherchar and Panchdona areas of the upazila.
"When police tried to intercept them, a chase-and counter-chase took place that forced police to open fire, leaving four dead on the spot," says the report quoting the police officer.
Police recovered the bodies.
Meanwhile, life and business across the country have largely been at a standstill with people keeping indoors for the curfew enforced by security forces, including army troops. In some other pockets of agitations under the 'complete shutdown' called by the quota protesters, there were reports of isolated attempts at picketing.
When the movement erupted into massive clashes last week, the government again took step for holding hearing on the issue. Last Thursday, the Appellate Division fixed Sunday for a full-court hearing on the red-hot issue.
In the meantime, the government and two Dhaka University students filed separate leave-to-appeal petitions against the High Court verdict. The government in its petition sought cancellation of the High Court verdict, while the two students sought reform of the quota system.
Attorney-General AM Amin Uddin appeared in the court hearings for the state, while senior advocate Shah Monjurul Hoque appeared for the two DU students, and senior advocate Munsurul Hoque Chowdhury represented the writ petitioners.
Also, the apex court heard Supreme Court Bar Association (SCBA) President AM Mahbub Uddin Khokan, former SCBA President Zainul Abedin, former Attorney-General AF Hassan Arrif, senior lawyers ZI Khan Panna, Sara Hossain, Tanjib ul Alam, Ahsanul Karim, Tania Amir and Eunus Ali Akond.
Attorney-General Mr Amin Uddin said fixing quotas in the jobs is a government's policy matter, and "a policy matter cannot be interfered with by any court".
Citing references from Appellate Division's earlier judgments the chief law office of the state further argued that the HC bench had made an error in delivering its judgment that reinstated the quotas in government jobs. "Even a court cannot think unlikely the government thinking in a policy matter," he said.
"A court even cannot advise a government in a policy mater unless a pious wish. So the High Court judgement should be set aside," the AG pleaded from the state side.
Senior lawyer Shah Monurul Hoque said, "In the High Court verdict the court tried to explain the Freedom Fighters and their children and grandchildren as one of the most backward sections of the citizens. But 30-percent quotas were allotted for them not because they were backward citizens. They were given it on a special consideration."
Senior advocate Munsurul Hoque Chowdhury said, "During the period of 15th August 1975 to 1996 for the 21 years, the Freedom Fighters and their children and grandchildren had been suffering socially, economically and politically, which makes them one of the most backward sections of the citizens of this country and 30-percent quota was not implemented then.
Court then replied: "There is no definition of backward sections in our constitution and why they didn't come in the court challenging the inaction of the government in implementation of quota system. "
It also asked why they came to the court in 2021, three years after the cancellation of quota system. Then Mr Munsurul said they were trying to solve the issue with the government.
Barrister Sara Hossain said, "Government will reform the quota system but it should follow a procedure. Economic and social issued should be addressed during fixing the quotas in jobs."
She prayed that the court include women and physically-challenged persons in quota system if the court fixes it.
However, the court stopped her when she raised questions about the loss of life and violence that took place in past few days.
Barrister Tanjib ul Alam explained a legal point that without granting the leave the apex court has the jurisdiction to set aside the High Court verdict.
Senior lawyer Ahsanul Karim said, "After 1947 India allotted quotas for the freedom fighters but not considering as a backward section. They were considered first-forwarded citizens. No citizen can have legitimate expectation in the policy matter of a government."
Barrister Tania Amir argued, "The writ petition is not maintainable as the freedom fighters cannot be considered backward citizens. If the freedom fighters are not backward citizens, how their children and grandchildren can be considered backward citizens?"

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