Case Number: Writ Petition No. 1783 of 1998
Date of filing: 1998/06/28
1. Bangladesh Legal Aid and Services Trust (BLAST)
2. Md. Sarwar Hussain Khan
1. Secretary, Ministry of Employment
2. Secretary, Ministry of Social Welfare
BLAST and Muhammad Sarwar Hussain Khan, a person with a visual impairment, filed a writ petition challenging a circular issued by the Ministry of Establishment on 17.03.1997 amending the provision for quotas on direct employment in all classes of post of the services of Government (autonomous, semi-autonomous and corporations). The said amendment reserved 10% of posts for physically disabled persons only in respect of third and fourth class posts, while it reserved posts for Muktijodhdhas, women, indigenous people, etc. for all classes. There was thus no reservation for physically disabled persons for first and second class posts.
The High Court issued a Rule Nisi on 12.07.1998 calling upon the Ministry of Establishment and the Ministry of Social Welfare to show cause why the impugned circular amending the reservations for persons with disabilities for direct employment in government services and failing to reserve any posts for them in respect of first and second class posts should not be declared to be arbitrary, discriminatory and without lawful authority.
Mr Justice Joynul Abedin
Mr Justice Fazlur Rahman
Area of law
Discriminatory Quota; Employment Quota
Constitution, Articles 27, 29, 31 and 42
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