30% quota for children of freedom fighters binding: HC in full verdict

The High Court has said keeping the 30% quota for children of freedom fighters was binding upon the legislative branch and also the state machinery as the issue was already settled by the Appellate Division in 2013.

The HC made the observation according to the full text of its 5 June verdict – centring the 2018 circular which abolished the quota system – which was released today (14 July).

The violation of the Appellate Division judgement would be contemptuous, said the HC verdict.

In the full text of the order by the HC bench of Justice KM Kamrul Kader and Justice Khizir Hayat, it said in 2012 “[another] High Court Division [bench] observed that the reservation of 30% quota for the children of Freedom Fighters shall be followed strictly, and expunged the words ‘if the quota cannot be filled up the concerned post be kept vacant’.” 

The Appellate Division also issued a status quo this judgement, which makes it binding for the judiciary and all the other state machinery.  

In the full text, the court said, “However, this judgement will not create any bar upon the respondents if they change, reduce or increase the ratio or percentage of the quotas relating to the aforesaid criteria as and when necessary. The respondents are at liberty to fill up the vacant post from the general merit list if any quota is not fulfilled in any public examination.”

The court referred to Articles 111 and 112 of the Constitution to explain why the ruling was binding.

Article 111 says, “The law declared by the Appellate Division shall be binding on the High Court Division and the law declared by either division of the Supreme Court shall be binding on all courts subordinate to it.”

Article 112 says, “All authorities, executive and judicial, in the Republic shall act in aid of the Supreme Court.”

Last week, in the short order delivered on 5 June, which was published 11 July, the HC bench of Justice KM Kamrul Kader and Justice Khizir Hayat declared the 2018 cancellation of quota by the government illegal. 

It ordered that the quota for children/grandchildren of Freedom Fighters be restored and the quota reserved for districts, women, those with disabilities, tribes, minor races and others be maintained. 

University students across the country began protesting against the quota system for government jobs earlier this month after the HC on 30 June ordered to restore the quota for descendants of freedom fighters which was abolished in 2018.