SC restores appointment of 1,137 candidates of 27th BCS exams

The Appellate Division of the Supreme Court yesterday restored a 16-year-old High Court verdict that ordered the government to appoint 1,137 candidates, who had passed the first viva voce of the 27th BCS examinations.

The apex court delivered the judgement after allowing three appeals filed on behalf of the 1,137 candidates challenging its 2010 verdict that scrapped the HC ruling.

A five-member full bench of the apex court, led by Chief Justice Syed Refaat Ahmed, delivered the verdict after hearing arguments on the appeals.

With this verdict, the 1,137 cadres can join service with seniority in 90 days, appellants' lawyers Md Salahuddin Dolon and Mohammad Shishir Manir told The Daily Star.

Meanwhile, Public Service Commission's (PSC) lawyer Muhammad Khalequzzaman Bhuiyan said his client may take necessary steps after receiving the full text of the verdict.

Barrister Md Ruhul Quddus Kazal also appeared for the candidates while Additional Attorney General Aneek R Haque represented the state during the hearing of the appeals.

On September 1, 2007, during the tenure of the caretaker government, the PSC, cancelled the first viva voce results of 27th BCS (Bangladesh Civil Service) examinations on charges of gross irregularities, including question leaks and corruption. A total of 3,567 candidates passed that oral examination.

Challenging this decision, several candidates filed a writ petition with the HC.

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Following the petition, an HC bench led by Justice Abdur Rashid on July 3, 2008, declared the PSC's decision to cancel the first oral examination legal.

After the HC verdict, the oral test was held for the second time.

Candidates who failed the second test filed another writ petition with the HC in 2008 challenging the legality of the second viva voce.

Following this petition, an HC bench headed by Justice Miftah Uddin Choudhury on November 11, 2009, declared the second oral examination illegal and ordered the government to appoint those candidates who passed the first oral exam.

The verdict also said the people who joined the service on the basis of the second oral exam would remain in service, and the seniority of the writ petitioners would be determined according to law.

However, after hearing three appeals filed by the government, the Appellate Division, headed by the then Chief Justice Mohamad Fazlul Karim (now deceased), on July 11, 2010, upheld the HC verdict that cancelled the first oral examination of the 27th BCS.

At the same time, the apex court also scrapped the HC verdict delivered on November 11, 2009.

Three separate review petitions were then filed with the Appellate Division challenging the verdict delivered by this court on July 11, 2010.

After holding a hearing of the review petitions, the Appellate Division bench headed by Chief Justice Syed Refaat Ahmed on November 7 last year allowed the petitioners to move appeals before this court against its July 11, 2010 judgement.

In continuation of the legal proceedings, the Appellate Division concluded the hearing on the appeals on February 19 and delivered the judgement yesterday.