The government requests permission to appeal the High Court’s quota system ruling.

The state has submitted a leave-to-appeal petition to contest a High Court verdict that invalidated a government circular aimed at canceling the freedom fighter quota. This petition was lodged with the Appellate Division of the Supreme Court on Tuesday.

On July 14, the High Court released a comprehensive 27-page verdict declaring the 2018 government circular that abolished the freedom fighter quota in first and second-class government jobs illegal. The High Court’s decision emphasized that while the government possesses the authority to reform the quota system if deemed necessary, the complete abolition of the freedom fighter quota was not permissible.

The judgment was delivered by Justice KM Kamrul Kader and Justice Khizir Hayat of the High Court bench. They cited a previous High Court ruling from 2012, which was upheld by the Appellate Division in 2013. This earlier verdict had stipulated that the reservation of 30% of government job positions for the children of freedom fighters must be adhered to strictly. The words “if the quota cannot be filled up the concerned post be kept vacant” were removed from consideration, reinforcing the necessity of maintaining the quota.

The recent High Court verdict pointed out that disregarding the Appellate Division’s prior decision would be contemptuous. The court underscored the legal obligation to follow the earlier directive, which mandates strict adherence to the 30% reservation for freedom fighters’ descendants.

This legal development highlights the ongoing contention surrounding the quota system in Bangladesh, particularly the freedom fighter quota, which has been a subject of significant public and political debate. The 2018 circular aimed at abolishing this quota sparked protests and legal challenges, leading to the High Court’s involvement.

The High Court’s latest ruling reaffirms the importance of the freedom fighter quota and sets a precedent for future government actions regarding quota reforms. The state’s decision to file a leave-to-appeal petition indicates its intent to seek further judicial review and possibly overturn the High Court’s decision.

As the Appellate Division prepares to review the petition, the debate over the freedom fighter quota continues to evoke strong reactions from various segments of society. Proponents of the quota argue that it honors the contributions of those who fought for the country’s independence, while opponents believe that the quota system needs significant reform to reflect the current socio-economic realities of Bangladesh.

This case underscores the complex interplay between legal mandates, government policy, and societal expectations in Bangladesh. The Appellate Division’s forthcoming decision will be closely watched, as it will have significant implications for the future of the quota system and government employment policies in the country.

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