Case Number: Writ Petition No. 1145 of 1997
Date of filing: 1997/02/23
- Ajit Kumar Rudhra
- Md Ali Haider Khan
- MdZaheer Iqbal
- Bangladesh Professional Forestry Students Association
- The Bangladesh Professional Forestry Graduates Association
- Secretary, Ministry of Establishment
- Secretary, Minsitry of Environemnt and Forest
- Chairman, Public Service Commission
- Division Chief, Agriculture, Planning Commission
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.
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.
Mr. Justice Abu Taher Mohammed Afzal
Area of law
Accountability and Institutional Reform
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.
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