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Fate of non-hired BCS qualifiers hangs in the balance


Published : 12 Dec 2022 09:45 PM

The dangling status of some hundred BCS candidates, who were recommended for recruitment after qualifying in the Bangladesh Civil Service (BCS) exams is not likely to end soon.

Although the High Court directed the government to appoint them their fate is still hanging in the balance.

Some hundred candidates from 32nd to 39th BCS exams are facing such a situation as they had been left out at the last moment due to negative police verification reports. However, the appointment process of 40th BCS exam ended and some candidates have been left out due to adverse police verification report. 

The dangling status of the recommended candidates from 32nd to 39th BCS exams will remain pending for many more days as the Appellate Division of the Supreme Court granted leave to appeal following some petitions by the state.  

Those who passed BCS exams and had been recommended but had not been gazetted due to adverse remarks in police verification filed writ petitions and after hearing the High Court ordered the government to appoint them. 

The government filed the CPLA in the Appellate Division without appointing them. Several such civil petitions were heard together in the Appellate Division on Monday (December 12) and the apex court granted leave to appeal, said the Supreme Court sources. 

Leave to appeal is granted on two questions-- Whether the High Court Division can order the government to appoint a person in the form of writ of mandamus and if s/he is recommended, his/her right to the appointment arises?

The final order will come after hearing the CA (Appeals) will be whether the High Court can order the appointment of such aggrieved persons, if so, why or how.

Advocate Muzahedul Islam Shahin, a lawyer of the High Court, said that the dangling status of the recommended BCS candidates of the last couple of years still continues. Five to six years have already elapsed for those who have been recommended.Who knows how long it will take to settle the matter. On the other hand, new aggrieved parties will face the said two questions in the High Court if they file fresh writ petition and they have to look to the Appellate Division, he added. 

The lawyer, however, opined that if Arbitariness & Malafide can be shown, the High Court can order the appointment of the victims in the writ jurisdiction. He quoted, ‘If empanelment creates no right to appointment, equally there can be no arbitrary denial of appointment after empanelment’.  

A BCS candidate becomes unfit for recruitment if s/he is indicted in any criminal case or involved in any other negative activities, including anti-state activities.  

It was reported that nearly 500 candidates have been left out at the last moment due to negative reports in police verification from 32nd to 39th BCS exams. Many of the candidates filed writ petitions with the High Court and got the HC order in their favour.

The Public Service Commission (PSC) recommended the appointment of 1,314 candidates from the 37th BCS exams. The public administration ministry issued gazette appointing a total of 1,221 candidates. Although 93 candidates were dropped, 32 of the freedom fighter quota were later appointed. However, none of the dropped-out candidates of 37th BCS exams were indicted in criminal cases. 

A total of 69 candidates were not recruited in the 36th BCS for negative police reports. The PSC recommended 2,323 candidates for appointment in October 2017. The government appointed 2,202 of them. 121 failed to be enlisted in the gazette for negative police reports, but 52 of them got the appointment later. 

Asad Uddin, a graduate of Dhaka University’s social welfare department who was recommended for the education cadre through the 36th BCS exam, he was not indicted in any case. He can’t understand why his name was included in negative report of police verification.

He said that like others, his family members were delighted when he passed the BCS exams but it faded away soon as his name failed to appear in the final gazette published by the public administration ministry.