Shahariar Islam Sovon :
Unrest has erupted once again on university campuses nationwide following the reinstatement of the quota system in government jobs.
Echoing scenes from 2018, protests have spilled beyond campuses, disrupting transport routes with sit-ins and demonstrations.
Protesters are demanding a reassessment of the quota system, which allocates 56% of government positions—including 30% for descendants of freedom fighters—citing a critical shortage of quality jobs and advocating for merit-based recruitment in the public sector.
Dr. Asif Nazrul, Professor and Chairman of the Department of Law at the University of Dhaka, explained that Article 28 of the Bangladesh Constitution broadly addresses the concept of equality and non-discrimination.
“Article 29 specifically states that there should be no discrimination in government employment,” he said. “Both articles emphasize non-discrimination as a fundamental principle.
However, like many other constitutions around the world, certain exceptions are allowed here as well. According to Articles 28 and 29, the provision of quotas is therefore desirable but not mandatory.”
Dr. Nazrul further noted that “some facilities are now being given to the freedom fighters. A section of cheaters have come forward to grab these. They tend to boost up their businesses.”
He recounted that in September 1972, interim recruitment rules allocated a 30% quota in government jobs for freedom fighters, leading to several hundred being recruited in 1973.
This temporary measure, as indicated by its ‘interim’ label, required special protection under Section 150 of the Constitution, suggesting it was not aligned with Article 29.
“The court can only intervene if the quota system violates the Constitution, not for questions on the absence or percentage of quotas. The interim rules mentioned only freedom fighters, not their descendants.
Thus, extending the quota to their children in 1997 and grandchildren in 2011 contradicts both the interim rules and Article 29. Additionally, a 30% quota for 0.1% of the population does not meet the constitutional principle
of ‘adequate representation,’” he added.
Nurul Haque Nur, President of Gono Odhikar Parishad, told The New Nation that question paper leaks in government job exams are frustrating for general students.
“During Ershad’s tenure, about 62,000 freedom fighters were registered. During the BNP period, the number was over 100,000, and now the number is over 300,000.”
According to media reports, a group involving PSC officials and employees has leaked at least 30 question papers of government recruitment tests, including BCS exams, over the last 12 years.
Meanwhile, the Appellate Division has ordered the parties involved in a writ petition on the quota system in government jobs to maintain the status quo.
Attorney General AM Amin Uddin and Mansurul Haque Chowdhury, the lawyer for the writ petitioners, said the quota will not exist due to the verdict of the Appellate Division.