দুরভিক্রম্য চারটি ধাপ তথা প্রয়োজনীয় শিক্ষাগত যোগ্যতা, এমসিকিউ, লিখিত ও মৌখিক পরীক্ষা অতিক্রম করে আসা একজন প্রার্থীকে বাংলাদেশের সর্বজন গ্রহণযোগ্য সাংবিধনিক প্রতিষ্ঠান তথা বাংলাদেশ সরকারী কর্ম কমিশন কর্তৃক নিয়োগের সুপারিশ করা সত্বেও যথাযথ সংস্থা (appropriate agency) কর্তৃক কোনরূপ উপযুক্ত কারণ প্রদর্শন না করে নিয়োগের অনুপযুক্ত মর্মে মতামত প্রদান বেআইনী, সংবিধান বিরোধী। ...Abdulla Al Mamun Vs. Government of Bangladesh and others (আব্দুল্লা আল মামুন বনাম বাংলাদেশ সরকার ও অন্যান্য), (Civil), 14 SCOB [2020] HCD 156 ....View Full Judgment

Bangladesh Civil Service Recruitment Rules, 1981
Rule 4(3) (b)
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

Bangladesh Civil Service (Recruitment) Rules, 1981
Rule 5, 5(3A), 8(e)
Bangladesh Civil Service (Examination and Promotion) Rules, 1986
Rule 5(1) and 5(3A) and rule 8(2)
Constitution of Bangladesh, 1972
Article 26, 27, 29(1), 31 and 102
It is to be borne in mind that each Cadre is an independent Cadre by itself and that the appellants could not allege any discrimination to them simply because the member of other Cadres were given relaxation considering their respective position as they are not similarly situated with that of the appellants.
Thus the selections of 46 officers was properly made by the departmental promotion Committee on the basis of merit-cum-seniority and were recommended for promotion as they all have passed the departmental examinations which the appellant has failed to pass but were promoted to the present Grade under the concessionaire rule 8(1) of BCS (Examination for Promotion) Rules, 1986 and the appellants being the beneficiaries of the said rules as they derived the benefit for themselves to which they are not otherwise entitled to under rule 5 including rule 5(3A) of the Bangladesh Civil Service (Recruitment) Rules, 1981 and the appellants as well were not at all affected by rule 8(e) and as such the impugned rules are not violative of the fundamental rights guaranteed under Article 26, 27, 29(1) and 31 of the Constitution.
The appellants themselves being beneficieries of the B.C.S. (Examination for Promotion) Rules, 1980 they could not as well challenge virus of the rule 8(2) merely as a comonfledge to invoke the jurisdiction of the High Court Division under Article 102 of the Constitution. In the result, the appeal is dismissed without any order as to costs. .....Delowar Hossain Mollah =VS= Bangladesh, (Civil), 2025(2) [19 LM (AD) 287] ....View Full Judgment

Constitution of Bangladesh, 1972
Article 141C(1), 26
Bangladesh Civil Service (Recruitment) Rules, 1981
Rule 8(1)(dd)
If the President considered the suspension of the fundamental rights to be necessary during the subsistence of the Proclamation of Emergency— The President in terms of Article 141C(1) is empowered to suspend the enforcement of any of the fundamental rights conferred by Part III during the period when a Proclamation of Emergency is in operation. It is for the President to decide the enforcement of which of the fundamental rights should be suspended during the operation of the Proclamation of Emergency and this power is not liable to be circumscribed or limited by any other provisions in the Constitution including Article 26. Once a Proclamation of Emergency has been made the security of Bangladesh or any Part thereof invest in the President all out power to suspend the enforcement of any of the fundamental rights conferred by Part III of the Constitution. This is necessary to keep up and maintaining the welfare of the State. As a matter of fact there is no scope for enquiry into the question whether the fundamental rights the enforcement of which the President has suspended under Article 141C(1) has anything to do with the security of Bangladesh which is threatened whether by war or external aggression or internal disturbance. If the President considered the suspension of the fundamental rights to be necessary during the subsistence of the Proclamation of Emergency it should be taken to have been made in the interest of security of Bangladesh and no further proof of the security is necessary. Appellate Division therefore finds no force in the argument advanced by Mr. Islam. The learned Judges of the High Court Division have therefore erred in disposing of the rule in the writ petition under reference making the same absolute by enforcing the aforesaid fundamental rights while the proclamation of emergency was operative in the country. .....Md. Ataur Rahman =VS= B.M. Muhibur Rahman, (Civil), 2025(1) [18 LM (AD) 440] ....View Full Judgment

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.

Absorption and doctrine of legitimate expectation;
1. The legitimate expectation would not override the statutory provision. The doctrine of legitimate expectation can not be invoked for creation of posts to facilitate absorption in the offices of the regular cadres/non cadres. Creation of permanent posts is a matter for the employer and the same is based on policy decision.
2. While transferring any development project and its manpower to revenue budget the provisions provided in the notifications, government orders and circulars quoted earlier must be followed. However, it is to be remembered that executive power can be exercised only to fill in the gaps and the same cannot and should not supplant the law, but only supplement the law.
3. Before regularization of service of the officers and employees of the development project in the revenue budget the provisions of applicable “Bidhimala” must be complied with. Without exhausting the applicable provisions of the “Bidhimala” as quoted above no one is entitled to be regularised in the service of revenue budget since those are statutory provisions.
4. The appointing authority, while regularising the officers and employees in the posts of revenue budget, must comply with the requirements of statutory rules in order to remove future complication. The officers and employees of the development project shall get age relaxation for participation in selection process in any post of revenue budget as per applicable Rules.
5. A mandamus can not be issued in favour of the employees directing the government and its instrumentalities to make anyone regularized in the permanent posts as of right. Any appointment in the posts described in the schedule of Bangladesh Civil Service Recruitment Rules, 1981, Gazetted Officers (Department of Live Stock Service) Recruitment Rules, 1984 and Non-gazetted Employees (Department of Live Stock Service) Recruitment Rules, 1985 bypassing Public Service Commission should be treated as back door appointment and such appointment should be stopped.
6. To become a member of the service in a substantive capacity, appointment by the President of the Republic shall be preceded by selection by a direct recruitment by the PSC. The Government has to make appointment according to recruitment Rules by open competitive examination through the PSC.
7. Opportunity shall be given to eligible persons by inviting applications through public notification and appointment should be made by regular recruitment through the prescribed agency following legally approved method consistent with the requirements of law.
8. It is not the role of the Courts to encourage or approve appointments made outside the constitutional scheme and statutory provisions. It is not proper for the Courts to direct absorption in permanent employment of those who have been recruited without following due process of selection as envisaged by the constitutional scheme. …The State Vs. Abdur Razza & ors., (Civil), 13 SCOB [2020] AD 26 ....View Full Judgment