Case Number: Writ Petition No. 1145 of 1997

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Date of filing: 1997/02/23

Petitioners

Ajit Kumar Rudhra
Md Ali Haider Khan
MdZaheer Iqbal
Bangladesh Professional Forestry Students Association
The Bangladesh Professional Forestry Graduates Association

Respondents

Secretary, Ministry of Establishment
Secretary, Minsitry of Environemnt and Forest
Chairman, Public Service Commission
Division Chief, Agriculture, Planning Commission

Facts

Five graduates from the Institution of Forestry of Chittagong University (IFCU) along with the Bangladesh Professional Forestry Students Association and the Bangladesh Professional Forestry Graduate Association, filed a writ petition challenging the decision of the Ministerial Committee of the Ministry of Establishment in denying appointments for the post of Assistant Forest Conservator to be made exclusively from among B. Sc. (Forestry) graduates. Earlier the provision for appointments to the post had been extended to B. Sc. (Forestry) graduates by the Bangladesh Civil Service Age, Qualification and Examination for Direct Recruitment Rules 1982 (BCS Recruitment Rules). However, no exclusive reservation had been made for appointment only of such graduates, and this was sought to be justified by the shortage of such graduates. Several representations were made to the Government to reserve the posts exclusively for B. Sc. (Forestry) Degree holders. The Ministry of Forest and Environment made recommendations to the Ministry of Establishment to that effect in 1988. After a series of consultations, in the final hours, the Senior Appointment, Promotion and Service Structure Ministerial Committee on 28.04.1994 decided that the B.Sc (Forestry) course was a non-professional and non-technical course and therefore students of all disciplines would be eligible for the Public Service Commission (PSC) qualifying examinations.

Rule/Order/Judgment

Date:

Details

The High Court issued a Rule Nisi calling upon the respondents to show cause as to why the impugned decision of the Ministerial Committee of the Ministry of Establishment should not be declared to have been made without lawful authority.

Justices

Mr. Justice Abu Taher Mohammed Afzal

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Area of law

Equality,
Employment,
Accountability and Institutional Reform

Keywords

Forestry Case

Relevant statute

Constitution, Articles 27 and 31;

National Forest Policy;

Bangladesh Civil Service Age, Qualification and Examination for Direct Recruitment Rules 1982;

Public Service Commission Ordinance, 1977.