The Appellate Division of the Supreme Court on Wednesday ordered to maintain status quo for four weeks to the parties involved in a writ petition on quota system in the government jobs.
"The parties are directed to maintain status-quo in respect of subject matter with the following observation and direction," the five-member bench headed by Chief Justice Obaidul Hassan came up with the order after hearing two petitions filed by the state and two Dhaka University students regarding reformation of the quota system.
In its order, the Appellate Division asked the agitating students to go back to their classes and to attend their exams, and all the vice-chancellors of the universities to create congenial environment for education.
"We will hear the arguments from all the aggrieved students through their lawyers during hearing of the leave to appeal petition against the High Court verdict," the apex court order said.
It also directed the state to submit a leave-to-appeal against the High Courts order within four weeks.
The court also asked the agitating students to return to their classrooms and also asked them to appoint lawyers if they wished to pursue the quota case, now pending with the Appellate Division.
During the hearing, he further said, "We will listen to both sides. As I have said before, the verdict cannot be influenced by protests. Protestors may have their views, and if they approach us through lawyers, we will listen to them and will consider their rights.
"But we can protest on the streets, we can destroy the environment. Enough is enough, go to the classes from the streets," the Chief Justice said.
After the order, Attorney General AM Amin Uddin told media that the quota system would not be effective for four weeks following the status quo order of the Supreme Court.
"That means, it shall remain as it is [for now]. As a result of this order, the circular issued by the government in 2018 cancelling the quota of freedom fighters remains in force," the Attorney General explain.
Explaining the apex court order, after getting the full coy of the High Court verdict, we would file leave-to-appeal before the Appellate Division. We have told the court that the copy of the verdict has not been received yet. We can do anything until we get the verdict. As the quota system was abolished for the last 5 years. We have sought a stay on the judgment of the High Court pending a fresh judgment in that case. The Appellate Division gave a status quo after hearing both sides. That is, in the state it is in, it will remain in that state. All jobs that are running will be fine. Due to this status quo, the judgment of the High Court will no longer be effective.
In response to a question of what is the real status of the quota now, the chief law officer of the state said it is in the same condition as it was before. The status quo is given in the subject matter. It was overruled on the subject matter. The notifications that are in place will not require a quota system. If you want to give a new notification, don do anything for now. The case will be heard on August 7, then it will be decided.
"The matter would come again for hearing on August 7 and we would file a regular appeal after getting the full text of the High Court judgment," the Attorney General said.
"Now there is no logic in continuing movements over quota. If anyone gets aggrieved by the courts judgment, he has to come to court for its remedy. I want to call upon the agitating students to concentrate on their studies," he said.
The apex court came up with the order after holding a hearing on separate pleas filed by the state and two students of the University of Dhaka against the High Court judgment.
Advocate Shah Monjurul Hoque argued for the two petitioners, while Attorney General AM Amin Uddin stood for the state. Senior advocate Mansurul Haque Chowdhury took part in the hearing, pleading not to stay the High Court judgment before the release of its full text.
Senior lawyer Shah Monjurul Hoque, who moved on behalf of two students, told reporters that following the status quo order, the quota system would not be followed for the circulars that were published based on the governments 2018 circular abolishing quotas.
The Public Administration Ministry on October 4, 2018 issued a circular abolishing the quotas in direct appointment of government jobs from 9th to 13th grades.
Challenging the legality of the circular, in 2021, seven children of freedom fighters, including Ohidul Islam, filed a writ with the High Court.
The High Court issued a rule over the primary hearing of the writ on December 6, 2021, seeking explanation about showing disrespect to freedom fighters and non-compliance of the High Court and the Appellate Division orders.
After the final hearing, the High Court declared the rule "absolute" on June 5.
Seeking the stay of the High Court verdict, the state filed a petition, which was placed for hearing at the full bench of the Appellate Division via the chamber court.
On Tuesday, two quota protestors of the Dhaka University filed an application with the Appellate Division seeking a stay on the High Courts order reinstating the freedom fighter quota in public service.
The quota system, which reserved 56 per cent of positions in government jobs for various quotas, was abolished in 2018.
