The hearing has started on the appeal filed by the state and two separate petitions filed by ordinary students who joined the legal battle seeking to stay the decision of the High Court declaring the decision to cancel the quota system in the first and second class of government jobs invalid.
The hearing began at 12:15 on Wednesday in the five-member bench of the Appellate Division headed by Chief Justice Obaidul Hasan.
Attorney General Abu Mohammad (AM) Amin Uddin, the chief legal officer of the state party, is conducting the hearing at the beginning.
Earlier, the decision to cancel the quota system in the first and second class of government jobs was declared illegal and the appeal made by the state and the separate applications made by the ordinary students who participated in the legal battle to suspend the judgment of the High Court were decided to be heard simultaneously at 11:30 am. Following that, the hearing started.
In view of the Attorney General’s application, the five-member bench of the Appellate Division headed by Chief Justice Obaidul Hasan fixed the order at this time.
Earlier, the appeal filed by two students of Dhaka University against the High Court’s verdict regarding quota restoration regarding the hearing of the application made on behalf of the general students was fixed on Wednesday (July 10) for hearing in the Appellate Division of the Supreme Court.
On Tuesday, Justice Md. Ashfaqul Islam’s chamber of the Appellate Division gave this order.
Attorney General Abu Mohammad (AM) Amin Uddin was the chief legal officer in the hearing of the state party in the court. Senior Advocate Munsurul Haque Chowdhury appeared for the writ petitioners and Advocate Shah Manjurul Haque appeared for the general students.
Lawyer Shah Manjurul Haque was in favor of the application in the court. He said that the application has been sent to the regular bench of the Appellate Division on Wednesday for hearing. Lawyer M Harunur Rashid Khan was with him.
Earlier on Tuesday morning, the two students applied to the Appellate Division Chamber Judge Court seeking permission to file an affidavit. The Appellate Division Chamber Court allowed the affidavit.
On behalf of ordinary students, two people, including the former literary editor of Daksur Suryasen Hall of Dhaka University, student of Anthropology Department and President of Journalist Association Al Sadi Bhuiyan, applied for this. He is accompanied by Ahnaf Saeed Khan, a student of Urdu Department.
After permission, the appeal was filed against the judgment of the High Court, which was heard by the Chambers.
M Harunur Rashid Khan, lawyer of the two students, said that the two students filed the application seeking suspension of the High Court’s verdict. The Chamber Court fixed the hearing before the Full Bench of the Appellate Division.
The Ministry of Public Administration issued a circular on October 4, 2018 canceling the quota system from 9th to 13th grade in the recruitment of government jobs. Challenging the validity of this circular, seven people including Ahidul Islam, son of freedom fighter and job aspirant filed a writ in 2021.
On December 6, 2021, the High Court ruled on the preliminary hearing of the writ. Apart from the circular in the rule, it sought to know about the non-compliance of the earlier orders of the High Court and the Appellate Division and disregard for the rights of the freedom fighters. After the final hearing, the High Court declared the rule absolute (proper) and gave its verdict on June 5.
The State appealed to the Appellate Division seeking stay of the High Court’s judgment, which was heard by a full bench of the Appellate Division on July 4 as a Chamber Court of the Appellate Division.
In view of the writ petitioner’s request for time, the Appellate Division ordered that not today. In addition, the state party is regularly asked to apply for leave to appeal. In this situation, the two students appealed against the judgment of the High Court.