Quota in Govt Jobs: HC verdict to be inoperative till appeal is filed with SC

The Appellate Division of the Supreme Court, in the full text of its July 10 order, has said the High Court judgement, which effectively reinstated quotas in government jobs, must remain inoperative until the leave-to-appeal petitions filed with this court are disposed of.

"We have heard the learned counsels from both parties in both the cases and perused the civil miscellaneous petitions [stay petitions] as well as other materials on record. Upon hearing, the parties are directed to maintain the status quo regarding the subject matter of the case till the filing of civil petitions for leave to appeal. The impugned judgement of the High Court shall remain inoperative till that period."

A five-member bench of the Appellate Division headed by Chief Justice Obaidul Hassan made the observation in the two-page full text of the order released recently.

"All the protesting students are asked to go back to their respective educational institutions and concentrate on their studies.

"This court hopes that the vice-chancellors and proctors of all universities and heads of other educational institutions will take their students back to their respective educational institutions and create a supportive environment for learning".

"Protesting students can, if they wish, present their arguments before the court through lawyers. The court will take into account their statement while disposing of the original petition. In the meantime, the petitioners are directed to file regular civil petitions for leave to appeal," the Appellate Division also said.

On July 10, the SC delivered the status quo order following two separate petitions filed by the government and two Dhaka University students seeking a stay on the HC judgement.

It fixed August 7 for hearing the leave to appeal petitions.

"The apex court order means that the government cannot take any initiative about the quota system in civil service until the leave to appeal petitions are disposed of," Deputy Attorney General Sk Shaifuzzaman told The Daily Star yesterday.

He also said the government may file a fresh petition with the Appellate Division seeking an extension of the July 10 status quo order within a few days.

Following a writ petition, the HC on June 5 this year declared illegal the circular, issued by the public administration ministry on October 4, 2018, which cancelled the quota system in government jobs.

The circular said that in the case of direct recruitment to the posts of 9th grade (formerly class-1) and 10th to 13th grades (formerly class-2), the appointments should be made based on merit.