The High Court (HC) on Sunday issued a rule asking the authorities concerned why the provision of 40 per cent children quota of the total vacancies in Bangladesh Railway jobs from 14th grade to 20th grade should not be declared illegal.
In response to a writ petition, the HC bench comprising Justice Mustafa Zaman Islam and Justice SM Masud Hossain asked the secretaries of the Railway Ministry and the Law Ministry to reply to the rule within 10 days.
Earlier on November 22 in 2020 the Railway Ministry issued a circular regarding "Bangladesh Railway Non-Gazetted Service Recruitment Rules, 2020".
It is stated in sub-rule 3 of rule 3 of these rules that notwithstanding anything contained in sub-rules (1) and (2), 40 per cent of the total vacant posts of grades 14 to 20 shall be reserved for qualified candidates under children quota.
Supreme Court lawyer Advocate Roknuzzaman had on May 26 this year filed the writ petition with the High Court challenging the legality of the provision in keeping 40 per cent quota for the children appointing public servants in Bangladesh Railway.
In the petition it was mentioned that Bangladesh Railway has purposely formulated rules by fixing 40 per cent dependent quota. They refer to this rule for their own benefit, which is contrary to the circular issued by the Ministry of Public Administration on July 4 in 2018 regarding cancellation of quotas and articles 27, 29 and 31 of the constitution.
After the HC rule, Advocate Md Roknuzzaman, who moved himself of behalf of his petition, said, "According to Article 29 of the Constitution, special provisions should be made in favour of any backward section of the citizens so that they can get appropriate representation in the work of the Republic. But government employees are not backward citizens. So why will 40 per cent quota be kept for them? It is against the constitution. Hence, the HC bench issued the rule asking the authorities concerned to reply to the rule within 10 days."
