HC orders PSC to publish 43rd BCS non-cadre merit list

The High Court on Thursday directed the Bangladesh Public Service Commission (PSC) to publish the merit-based results of candidates seeking non-cadre appointments under the 43rd Bangladesh Civil Service (BCS) examination within 60 days of receiving a certified copy of the judgment.

The order was issued by a High Court bench comprising Justice Sashanka Shekhar Sarkar and Justice Urmee Rahman following a writ petition filed by 465 non-cadre candidates.

The court also instructed the relevant authorities to complete the recruitment process in accordance with the law after publishing the results. According to case details, the circular for the 43rd BCS examination was issued on November 30, 2020. Following the preliminary examination, 9,841 candidates qualified for the written test.

On December 14, 2023, the PSC invited online preferences from candidates interested in non-cadre appointments.

Twelve days later, on December 26, 2023, the commission recommended 2,163 candidates for various cadre posts and 642 candidates for non-cadre positions.

The petitioners alleged that the PSC failed to publish a merit-based non-cadre results list before making the recommendations, contrary to the provisions of the Non-Cadre Recruitment (Special) Rules, 2010, as amended in 2014.

According to the petition, the 43rd BCS circular stated that candidates who successfully passed the examination but could not secure cadre positions due to limited vacancies would be considered for non-cadre appointments under the relevant recruitment rules.

The petitioners argued that the rules require the PSC to preserve vacancy information received from ministries and recommend eligible non-cadre candidates according to merit on a phased basis until the publication of the final results of the subsequent BCS examination.

Instead, they claimed, the commission directly recommended 642 candidates for non-cadre positions without publishing the full merit list, making the process arbitrary and inconsistent with the applicable regulations.

The writ petition further stated that the Ministry of Public Administration had instructed the PSC on several occasions to recommend candidates against a total of 12,525 non-cadre vacancies from the 43rd BCS examination. However, only 642 candidates were recommended.

Following the verdict, Barrister Mohammad Humaun Kabir Pallab, counsel for the petitioners, said the High Court had identified irregularities in the recommendation process and stressed the importance of a transparent and merit-based recruitment system.

He said the PSC’s failure to publish a complete merit list before collecting candidates’ preferences violated the recruitment rules and deprived many qualified candidates of a fair opportunity for appointment.

Meanwhile, PSC lawyer Barrister Munirujjaman said a decision on whether to challenge the High Court verdict before the Appellate Division of the Supreme Court would be taken after consulting the commission and reviewing the judgment.

The ruling is expected to have significant implications for thousands of candidates awaiting non-cadre appointments under the 43rd BCS examination, while reinforcing the importance of transparency and adherence to recruitment rules in public sector hiring.