Act/Law wise: Judgment of Supreme Court of Bangladesh

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Bangladesh Civil Service Recruitment Rules, 1981
Section/Order/Article/Rule/Regulation Head Note
Rule 4(3) (b)

read with Constitution of Bangladesh, 1972, Article-27 and Article-29
With a good academic record the writ petitioner-respondent appeared at the 15th Bangladesh Civil Service (BCS) Examination and secured twelfth position in the merit list and was found fit by the Medical Board but because of an adverse report by the Special Branch of Police his name was not published fçr appointment. The police report contained a statement that his active political involvement with a student organisation he was not a suitable and fit person for appointment in the police and administrative cadres—High Court Division’s finding that the Government is entitled to be satisfied about a candidate possessing a clean record. Loyalty to the country, personal integrity and discipline and may make necessary verification but at the same time should always be careful not to violate one’s fundamental right—Held:
Respondent has been discriminated against and has been denied an equal opportunity to employment. [Paras-6 & 7]
Bangladesh and Ors. Vs. Gazi Jashimuddir 6 BLT (AD)-209 ....View Full Judgment

Rule 8(l)(dd)

Exemption from appearing in examination of certain persons held not unconstitutional —Constitution of Bangladesh —Article 141C(D— Declaration of emergency by the President suspending the enforcement offundamental rights is not subject of scrutiny by the court—
The Appellate Division held the High Court Division was wrong in disposing of the writ petitions seeking enforcement of fundamental rights during the continuance of the emergency when the fundamental rights were suspended. Declaration of emergency does not come within the scope of scrutiny by the court. The apex court held the Rule 8(l)(dd) of the Bangladesh Civil Service (Recruitment) Rules, 1981 not ultravires of the constitution nor discriminatory or class legislation. Alaur Rahman (Md.) and others Vs. B.M Mahibur Rahman and others 14 MLR (2009) (AD) 138. ....View Full Judgment