ANALYSIS AND CRITICISM OF THE QUOTA SYSTEM IN

BANGLADESH CIVIL SERVICE

By

Md. Sarowar

A thesis submitted in partial fulfillment of the requirements for the degree of

LL.B. (Honours)

Stamford University Bangladesh

Supervised By

Fowjia Akhter

Senior Lecturer

February, 2016

DEPARTMENT OF LAW

STAMFORD UNIVERSITY BANGLADESH

ANALYSIS AND CRITICISM OF THE QUOTA SYSTEM IN

BANGLADESH CIVIL SERVICE

By

Md. Sarowar

LLB 04807919

Department of Law

A thesis submitted in partial fulfillment of the requirements for the degree of

LL.B. (Honours)

Stamford University Bangladesh

Supervised By

Fowjia Akhter

Senior Lecturer

February, 2016

DEPARTMENT OF LAW

STAMFORD UNIVERSITY BANGLADESH

LETTER OF TRANSMITTAL

To

Fowjia Akhter

Senior Lecturer

Department of Law

Stamford University Bangladesh

Subject: Submission of thesis paper.

Dear Madam,

It is a great pleasure for me that, I have the opportunity to submit the project and

dissertation report on “Analysis and Criticism of the Quota System in Bangladesh

Civil Service” which you assigned to me as a requirement of LL.B program. I have

prepared my report on the basis of related enactments, documents, interview and

examine relevant records for preparation of this report. It is great pleasure for me to

present you this report under the head of on this topic. If you have any further enquiry

concerning any additional information I would be very pleased to clarify that. I shall

be highly encouraged if you are kind enough to receive this report.

Sincerely yours,

_____________________

Md.Sarowar

LL.B 04807919

Department of Law

Stamford University Bangladesh

CERTIFICATION

This is to certify that the thesis on “Analysis and Criticism of the Quota System in

Bangladesh Civil Service” done by Md. Sarowar in partial fulfillment of the

requirements for the degree of LL.B. (Honors) from Stamford University Bangladesh.

The thesis has been carried out under my guidance and is a record of the bona fide

work carried out successfully.

Fowjia Akhter

Senior Akter

Department of Law

Stamford University Bangladesh

DECLARATION

I hereby do solemnly declare that the work presented in this thesis has been carried

out by me and has not been previously submitted to any other institution. The work I

have presented does not breach any copyright.

I further undertake to indemnify the university against any loss or damage arising

from breach of the forgoing obligations.

__________________________

Md.Sarowar

LLB 048 07919

Department of Law

Stamford University Bangladesh

ABSTRACT

The Civil Service in any country is responsible for implementation of core national

policies and action plans, and is thus the backbone of its government. It is the

executive arm of the government. The traditional Civil Services however need to be

modernized in order to enable them to cope with the modern day challenges and to

perform their functions efficiently and effectively. Meritocratic recruitment and

promotion practices are considered to be correlated with the effectiveness of the Civil

Service. As a result, quota in recruitment process in Civil Service has been a matter of

question. In order to do away with the apparent weaknesses of the existing Quota

System, it is important to assess the consequence of quota in recruitment process. To

avoid the criticism against its necessity, it is imperative to plug the loop-holes of the

quotas that are presently practiced, quota should be re-arranged.

TABLE OF CONTENTPage No

Acknowledgements viii

Chapter 1

Introduction

1.1 Introduction 1

Chapter 2

Bangladesh Civil service

2.1 The structure of Bangladesh civil service 5

2.2 Cadre service 6

2.3 Quota System 8

2.4 Recruitment in Bangladesh Civil Service in Different Eras 11

2.5 Marks Distribution 13

Chapter 3

Reservation system in India and Pakistan

3.1 Reservation system in India 15

3.2 Reservation system in Pakistan 19

Chapter 4

Different Opinion about Quota System

4.1 Problem‐issues, concerns and Analysis 23

vi

Chapter 5

Criticism of Quota system

5.1 Legal Frame Work 27

5.2 Reservation of Quota 27

5.3 Constitutional and Legal Basis of Recruitment 28

5.4 The result of reserving quota in public sector 29

5.5 Assessment of present Quota System 31

Chapter 6

Recommendation and Conclusion 6.1 Recommendations 34

6.2 Conclusion 36

References 37

vii

ACKNOWLEDGMENTS

I express my sincerest gratitude to my honorable teacher Fowjia Akhter senior

Lecturer Stamford University Bangladesh. She extended her helping hand by

providing guidance, offering valuable suggestions, encouragement in writing this

report. I acknowledge my profound indebtedness and gratitude to her.

I am grateful to my friends for their assistance and encouragement in writing this

research paper. At last I am grateful to Almighty Allah, who has been kind to

complete this research paper. Thanks to all. Who or indirectly help me to prepare this

research work.

viii

Chapter 1

INTRODUCTION

1.1 Introduction

Civil service of a country generally includes all permanent functionaries of

government which distinctly excludes defense service, although some civil servants

work in defense ministry and its various departments. A member of civil service is

not also a holder of political or judicial office. The civil servants of a state

collectively called civil service. According to Finer, “civil service is a professional

body of officials, permanent, paid and skilled. Policy formulation is the function of

cabinet/ministry, but policy implementation, the main aspect of development is the

function of the civil servants.” Although policy formulation is the jurisdiction of

cabinet/ministry, it depends largely on civil servants for the data of policy

formulation. According to a British writer, in ninety nine cases out of one hundred,

the ministers simply accept the views of civil servants, and sign their names on dotted

line. So a state may run without ministers, but it cannot run a day without civil

servants. Here lies the importance of recruiting the best talents for civil service in

order to make public sector a relevant, dynamic and powerful force of change.1

The Civil Service in any country is responsible for implementation of core

national policies and action plans, and is thus the backbone of its government. It is the

executive arm of the government. The traditional Civil Services however need to be

modernized in order to enable them to cope with the modern day challenges and to

perform their functions efficiently and effectively. Meritocratic recruitment and

1Akbar Ali Khan and Kazi Rakibuddin Ahmad. “Quota System for Civil Service Recruitment in Bangladesh: An Exploratory Analysis” March 2008 , [http:// www.bpsc,gov.bd/documents/ news/ 25906 news, Last visited 9 December 2015]

promotion practices are considered to be correlated with the effectiveness of the Civil

Service. As a result, quota in recruitment process in Civil Service has been a matter of

question.2

In Bangladesh there exists Quota system in Civil Service. The system started in

the then East Pakistan, which enjoyed regional quota in the name of equal

representation in Civil Service of Pakistan. After liberation, though no such disparity

in culture and other issues exist in the country, quota system has continued to be

embedded in Civil Service of Bangladesh. The Constitution of Bangladesh guarantees

equality of opportunity in public employment for all citizens irrespective of their

religious beliefs, race, creed, caste, gender, or place of birth and no one could be

denied access for Civil Service positions and cannot be discriminated against because

of being a member of a certain social group. However, factors like‐ education, skills,

training and experience influence the recruitment process. Thus, despite inclusion of

equal opportunity rights in our Constitution, the induction of the entire social array of

people in governmental administration cannot be guaranteed. Anticipating such a

problem and, more importantly, for upholding the values of democracy and to provide

legitimacy to governance, the framers of the Constitution empowered the state to

secure the adequate representation of a wide array of social groups. Nonetheless,

voice is very often heard to have a bureaucracy that has representation from people of

all walks of life. Hence, the Quota System continues in the Civil Service of

Bangladesh.3

Bangladesh is one of the least developed countries of the world. Public sector is

the major employment generating sector in Bangladesh. As per the statistics supplied

by the Ministry of Establishment, total number of sanctioned posts up to 2001 in

Ministries, Divisions, Departments and Autonomous Bodies was 1,061,089, of which

2 Ibid,3 Mohammad Mohabbat Khan: Administrative Reforms in Bangladesh, 1st ed. (Dhaka: The University Press Limited, 1998), p. 102

exiting posts were 937,024 and vacant posts were 124,065. This number is very

meager compared to net eligible work‐force rushing to the labor market every year.4

Private sector has not yet thrived to the extent as it was anticipated earlier

particularly in respect of creation of blue and white collar jobs. So the eligible

workforce has to rely mostly on the Government sector for employment. As per

Central Recruitment Policy of the Government, only 45 percent of employment in

Public Services is filled up by merit and the rest are filled‐in from quota reservation.

This is an issue that warrants serious policy consideration for it has been dissuading

the young generation to pursue painstaking efforts to equip themselves for

competitive jobs. 5

The Article 29(1) of the constitution of the People’s Republic of Bangladesh rules

out any sorts of discrimination in the service of the Republic. But articles 28(4) and

29(3) (a) of the Constitution provides for creation of special provision in favor of

backward section of citizens for the purpose of securing their adequate representation

in the Service of the Republic. As such, there is no magic wand and linear solution to

this dilemma of quota intervention. What could be done is to strike a balance or some

sort of reconciliation between constitutional obligation and real life requirement

keeping into consideration the delivery of quality public service.6

In 1971 waging an independence war against the Pakistani occupation regime, the

people of this territory established an independent and sovereign state. In the

preamble of the Constitution it is solemnly pledged that, among other things, the

fundamental aim of the State shall be to establish a society‐ “free from exploitation‐ a

society in which the rule of law, fundamental human rights and freedom, equality and

justice political economic and social will be secured for all citizens.” Thirty years

have already been elapsed, since Bangladesh emerged as an independent state. Now it

4Statistics of Civil Officers and Staff, Government of the People’s Republic of Bangladesh, [http://www2.mopa.gov.bd/index.php?option=com_content&task=view&id=376&Itemid=229, Last visited 10 December 2015]5 ibid6 Mahmudul Islam, Constitutional Law of Bangladesh, 2nd ed. (Dhaka: Mullick Brothers 2003), p.211.

seems imperative for this nation to self‐actualize how much it was pledged and how

much has been accomplished.7

The recruitment procedure to the Civil Service is exercised by open competition.

All vacancies in the Civil Service are not filled on the basis of overall performance in

the several components of the BCS examination. Forty five percent of positions are

reserved for top‐performing candidates while the remainder (55%) is distributed

among the 64 districts on the basis of population. Further, the allocated number for

each district is again distributed among freedom fighters (30%), women (15%) and

tribal population (5%). 8

The district quota was introduced to remove the disparity in Civil Service

representation among different regions of the country. This disparity of representation

occurred in the pre‐Bangladesh period due to the emphasis on merit in the recruitment

policies of successive governments. Consequently, only a few economically advanced

regions or those close to the capital, where educational opportunities were better, had

any prospect of making a Civil Service career. This dissertation therefore tries to

evaluate the effectiveness of the Quota System in recruitment process of Bangladesh

Civil Service [BCS]. Although, the issue has wider expanse of ramifications,

considering time and the limitation of the scope of the topic, we will concentrate on

and confine ourselves to Civil Service with special emphasis on quota reservation that

has been considered as a constraint to rendering of quality Civil Service. We shall

consider the Quota intervention relating it to constitutional obligations and critically

analyze the extent of its role as protected under constitutional coverage.9

7 Mohammad Mohabbat Khan, Administrative Reforms in Bangladesh. (Dhaka: The University Press Limited 1998), p. 106-1078 Ministry of the Public Administration, Government of the People’s Republic of Bangladesh, [http://www2.mopa.gov.bd/index.php?option=com_content&task=blogcategory&id=40&Itemid=438, , Last visited 10 December 2015]9 The Bangladesh Observer, Politicization at its worst: Bangladesh e-Journal of Sociolog,. Vol. 4, No. 2 (2 July 2007)

Chapter 2

BANGLADESH CIVIL SERVICE2.1 The structure of Bangladesh civil service

The government of Bangladesh has a two-tier administration system. The upper tire is

the central secretariat at the national level consisting of the Ministries and Divisions

to provide policies and to perform clearinghouse functions. The other tire consists of

Line department /directorates attached to the ministries and divisions that are mainly

responsible for general administration, service delivery to citizen and implementation

of various government development programs at the sub-national level. At present,

the Bangladesh service has more than one million civil servants in 40 Ministries, 11

divisions and 254 departments. The internal organizations structure of a Ministry

reflects a hierarchical order. A Minister is in charge of a Ministry and is normally the

political head of that Ministry.10

There are four classes in Bangladesh civil service. Classes I and part of class II

officer are treated as “gazetted” officers; the rest are considered as “non-gazetted”

officer. The number of Class I officer is about 40,000. Of them 70% are recruited into

29 cadres. The rest do not belong to a particular cadre but work in functional areas.

Recruitment is conducted by the Public Service Commission (PSC) as per recruitment

conveyed by the Ministry of Establishment, which is responsible for the personal

policy within civil service and human resources functions, particularly in the

administrative cadre-citizen oriented services the evaluation of citizen oriented

10 Prof. Sirajul Islam., Administration of Bangladesh: BANGLAPEDIA- National Encyclopedia of Bangladesh,[http://en.banglapedia.org/index.php?title=Prof._Sirajul_Islam/Administration_of_Bangladesh, Last visited on 12 December 2015]

services depends both on the role and performance of the service providers-the

public-servants-and also satisfactions of the service recipients-the citizen.11

A cadre system entails organization of civil servants into semi functional

occupational groups or cadres. At present there are 29 cadres in Bangladesh Civil

Service (BCS). The name of the cadres are : B.C.S. (Administration), B.C.S.

(Agriculture), B.C.S. (Ansar), B.C.S. (Audit and Accounts), B.C.S. (Economics),

B.C.S. (Co-operative), B.C.S (Customs and Excise), B.C.S. (Family Planning),

B.C.S. (Fisheries), B.C.S. (Foreign Affairs), B.C.S. (Forestry), B.C.S. (Food), B.C.S.

(General Education), B.C.S. (Health), B.C.S. (Information), B.C.S. (Judiciary),

B.C.S. (Livestock), B.C.S. (Police), B.C.S (Postal), B.C.S. (Public Health

Engineering), B.C.S. (Public Works), B.C.S. (Railway Engineering), B.C.S. (Railway

Transportation and Commercial), B.C.S. (Roads and Highways), B.C.S. (Statistical),

B.C.S. (Taxation), B.C.S. (Technical Education), B.C.S. (Tele-communication),

B.C.S. (Trade).12

2.2 Cadre service

Cadre services are those services which are constituted under law with a number of

positions or structure and recruitment and promotion rules. Cadre service basically

refers to the organization of the civil servants into well defined groups, services or

cadres. Such distinct division within services seems to be characteristics of countries

with British colonial heritage. Thus cadre, basically, refers the particular occupational

groups to which a civil servant may belong, either at the time of recruitment or

subsequently through lateral mobility. UNDP (United Nation Development Program)

explains Civil Service as under:

1. merit based, neutral

2. Well structured, right sized and well paid

3. Accountable, professional and relatively corruption free

4. Relatively autonomous, responsive and representative11 Ruhul Amin, Bangladesh Revisited- A Comprehensive Study of an Asian Nation, 1st ed, (Dhaka: Osder Publications, 2010), p. 27712 [http://www.studentstation.com/bcs-bangladesh/bcs-cadre.aspx, Last visited on 14 December 2015]

5. Well trained, performance oriented and relatively open.13

2.2.1 Evolution of the Cadre Service

The present Civil Service in Bangladesh has a long history which originated during

the British rule in India. In British India, the Civil Service was the product of an

evolutionary process. The definition of Civil Service remains vague and imprecise not

only in Bangladesh but in many other countries.

The term civil service in The Indian sub‐continent was first used in 1785 to refer

to nonmilitary staff of the British East India Company. This term then gained coinage

in 18th century to distinguish between civil administration and military administration.

in the Indian subcontinent under the colonial regime in India. Personnel employed in

civil administration were called civil servants. However, outside the British colonial

administration of India, the term ‘civil service’ elsewhere was first used in England in

1854. In the context of UK many scholars have drawn attention to this issue.

Mackenzie and Grove (1957) say “We are met at the outset by the fact that there are

no precise criteria, either legal or historical, by which to determine the scope of the

Civil Service.14

There is a central core which is unmistakable, at the margin no sharp line divides

those public who are within the Civil Services from those who are not”. The term

“civil” meaning “non‐military” continued through the early part of the nineteenth

century in the context of the British Civil Service. It is however later displaced to

convey the distinction between holders of permanent posts and those holding

temporary posts whose job changed hands with every change. The Tomlin

Commission says “Civil service Servants of the crown, other than holders of the of

political or judicial officers, who are employed in a civil capacity and whose

13 Ali Farazmand, Handbook of Comparative and Development Public Administration (Public Administration and Public Policy), 2nd ed, (New York: Marcel Dekker Int, 2001), p. 101.14 The Colombia Encyclopedia, 2007.[ http://cup.columbia.edu/search-results?keyword=civil+service&bisac_heading=combined&order=super_relevance&from=advanced, Last visited 15 December 2015 ]

remuneration is paid wholly and directly out of employed in a civil capacity and

whose remuneration is paid wholly and directly out of as a system of mediating

institutions for mobilizing human resources in the service of the affairs of the state in

a given territory. Other scholars defined Civil Service and distinguished Civil Service

from elected political officials defined Civil Service and distinguished Civil Service

from elected political officials and the military.15 The civil servants are seen as

officials at all levels of the government operating in holistic system, the boundaries of

which are best determined empirically. It will be sufficient, for the present purposes,

to say that the term Civil Service is used narrowly in Bangladesh. It appertains to a

particular class or classes of services and management process. However, the

appellation “Civil Service “disappears to make room for a much wider meaning

through the use of such terms as public servants or government servant depending on

the areas of the management process.16

The recruitment rules of Civil Service in Bangladesh do not define the term Civil

Service or civil servant. The Superannuation Act recognizes only public servant. The

definition in this Act encompasses a wide variety of services and positions, many of

which lie outside the ambit of Civil Service rule. All public servants are not civil

servant. However, it must be said that Public Service Recruitment Rules for the

Bangladesh Civil Service did not define the term Civil Service. It is a popular term

used in conversation only.17

2.3 Quota System

Quota is commonly referred to as a situation wherein something reserved for some

backward section of the country to uphold their representation in education, business,

and service or policy making process. The common logic behind the system is to

eliminate discrimination against some section. But in real sense it is to increase

representation of some backward section in government activities providing some 15 Heady Ferrel, Public Administration, A Comparative Perspective, 6th ed, (United State: CRC Press Int, 1996), p.13716 ibid, p. 138.17 Ibid, p. 141.

preferential treatment. In developed countries it is treated as affirmative action which

is to some preferential action to some section to eliminate their backwardness. The

quota should be in place for a specific time period in order to correct some past wrong

doing or inequality and after achieving those inequality or wrong doings it should be

removed. Quota is for giving advantage to some disadvantaged group in filling in

scarce position in those positions of persons belonging to those disadvantaged

subgroups.18

2.4 Recruitment in Bangladesh Civil Service in Different Eras

Bangladesh inherited the administrative structure and Civil Service system developed

in Pakistan, which was a continuation of the system of the British India. British Civil

Service was considered as the most distinguished Civil Service in the world. Civil

Service of Pakistan, though very small in size, was very considered effective. During

the turbulent years immediately following the independence the government faced

many urgent problems. When Bangladesh came into being after a bloody war, for

filling in the void created due to leaving the civil servants of West Pakistan origin, a

sizable number of recruitments were made without framing new recruitment rules

which were ad hoc, unsystematic, irregular and chaotic. In 1976 recruitment rules for

appointment of superior positions were framed. Prior to framing of the rules

recruitment to various services and positions were made following an Interim

Recruitment Policy announced by the Government through executive order in

September 1972. This had undergone change from time to time.19

2.4.1 Eligibility for Recruitment and Its Changes over Period

18 Akbar Ali Khan and Kazi Rakibuddin Ahmad. “Quota System for Civil Service Recruitment in Bangladesh: An Exploratory Analysis” March 2008 , [http://www.bpsc,gov.bd/documents/ news/ 25906 news, Last visited 15 December 2015]19 M.M.R Morshed, Bureaucratic Response to Administrative Decentralization: A study of Bangladesh Civil Service (Dhaka:University Press Limited, 1997), p. 134

The provisions concerning eligibility for recruitment has been laid down in

Bangladesh Constitutions and various legislations, policies and circulars. These are

enumerated below:

The eligibility for entry into various Civil Service cadres is codified in Article 133

of the Bangladesh Constitution. The Constitution requires that, consistent with its

provisions, Parliament may by law regulate the appointment and conditions of

service. It also lies down that until such law is made, the President may make rules

regulating such appointment and conditions of service and the rules so made shall

have effect subject to the provisions of any such law. The rules are also to be

consistent with the provisions of the constitution. However, Parliament is yet to make

any such law governing the appointment. In the absence of any specific Act

governing the appointment and other terms and conditions of service, the rule making

authority of the President has been put in place to fill up the void.20

The rules for recruitment to Civil Service cadres followed the framing of rules for

creation of BCS cadres in 1980. The recruitment rules were notified in January, 1981.

These rules mainly dealt with the procedure for recruitment, the period of probation

and conditions of confirmation in service. In 1982, elaborate recruitment rules were

framed for appointment to various cadres of BCS. These rules prescribed criteria for

eligibility in respect of age and qualifications of candidates to be recruited directly to

various services. The rules also provide the syllabi of marks of the competitive

examinations. The total marks were 1600. The educational qualification required was

a second class Bachelor’s degree from a recognized university with first division in

SSC or HSC. This was applicable to 11 cadres, for the other technical cadres separate

educational qualifications were prescribed. The general age limit was 21‐25, but for

certain professional cadre the upper limit of age was 30. The upper age limit was also

relaxed for tribal, doctors and freedom fighters.21

20 Ibid, p. 141.21 Ibid, p. 142.

Since 1983, the conditions for recruitment as regards age and syllabi were

changed from time to time on the ground of necessity of meeting urgent situations

that cropped up over time. This was, however, limited to one time recruitment only.

The recruitment of appearing at written test was waived. The age limit was also

relaxed in case of ad hoc appointees who wished to be recruited. This process went

on in respect of individual cadres. The age limit for recruitment to judicial cadre was

raised from 30 years to 37 years. The requirement of written test for 1600 marks was

reduced to 900 marks for as many as 30 cadres. In October 1985, rules in respect of

1600 marks were reduced to 1000.22

The practice of relaxing the rules of recruitment on grounds of meeting urgent

situations continued up to 1992. In September 1990, recruitment to the BCS (police)

cadre was based on 400 marks for compulsory subjects, of which 100 marks earlier

allocated for mathematics were merged with general knowledge in the form of

mathematics and everyday science. Six hundred marks were allocated for academic

attainments. In May 1992, recruitment was made to the BCS (General Education)

cadre based on 1000 marks. However, unlike the police cadre, only 200 marks were

allocated for compulsory subjects and remaining 800 marks allotted for academic

attainments and viva‐voce tests. In this case, separate marks were allotted for

academic attainments at four different stages of educational qualifications.

Throughout the 1980’s and up to 1992 recruitment rules were modified without

following any uniform criteria. For the recruitments made in 1982, at least the nature

of urgent situation was explained in the relevant Statutory Regulatory Orders (SROs).

These SROs referred to the need for officers at the Thana level following the local

government reform measures undertaken during the second martial law regime. The

following relevant SROs did not explain the nature of urgency for the relaxation of

recruitment criteria.23

22 S.A.M.M Ali, Bangladesh Civil Service: A Political–Administrative Perspective,(Dhaka: University Press Limited, 2004), p. 17.23 ibid, p. 17-18

After 1992, the open competition for admission through PSC into the Civil

Service was introduced based on four tests: (1) written examination (800 marks, out

of which 500 are compulsory for candidates of general and technical cadre), (2) viva

voce examination (200 marks), (3) psychological examination and (4) medical

examination. In order to qualify, the candidates needed to secure at least 45% of total

marks in the written examination and 40% in the viva voce and psychological

examination and they should also be certified medically fit in all respect. Candidates

for the general cadre had to attend all written examinations containing 800 marks. On

the other hand candidates for technical cadres could do away with 500 marks

examination, of course if they wanted to compete for the general cadre posts then

sitting for another 300 marks optional examination was necessary.24

Subject and marks distribution again changed from the 26th BCS. Salient features

of this changes are: marks for viva voce is reduced to 100; both general and technical

cadre applicants need to sit for 900 marks written examination; inclusion of the

subject Mathematical Reasoning and Mental Ability (100 marks); 200 marks

(optional) instead of Bangla 2nd paper and General Science and technology for the

technical cadres and if they want to compete for the general cadre posts then they

need to attend 1100 marks examination.25

It is evident that every government of the country tried to streamline the Civil

Service system but the government failed to build up a sound recruitment system in

Civil Service. There was no regular recruitment procedure followed by the PSC. As a

result it has become impossible to maintain standards of the candidates. For example,

there are certain batches of recruits who were selected for the service only on the

basis of an oral test. On the other hand, there are some batches that had to face a 2200

marks examination in stages Changes in the government also affected the recruitment

in the Civil Service. For instance, during the second Martial Law Regime

24 Ibid, p. 19.25 [https://eduresourcebd.wordpress.com/2012/04/27/bcs-bangladesh-civil-service-examination-system, Last visited on 16 December 2015]

decentralization of the position of Upazila Magistrate. The following government

abolished the Upazila system in 1992 which in turn made those recruitments futile.26

Despite the provision of quota for certain categories of people including freedom

fighters, difficulties were experienced in finding the required number of candidates

from freedom fighters category. This led to PSC to recommend to the government

increase in merit quota as well as women quota. This request continued since 1987,

but government remained silent on the issue. In July 1999, the government announced

a new quota policy for recruitment to various services and posts across the public

sector. The major feature of this policy was to provide 30 per cent quota for the wards

of the freedom fighters and “Shaheed” freedom fighters.27

2.5 Marks Distribution

Bangladesh Government through its SRO No. 75‐law/2005 issued by the Government

Prescribed examination marks as under:

2.5.1 General Cadre

Nine Compulsory subjects

General Bengali (Part I & II) = 200 Marks

General English (Part I & II) = 200 Marks

Bangladesh Affairs (Part I & II) = 200 Marks

International Affairs = 100 Marks

Mathematical Reasoning and Mental Ability = 100 Marks

General Science and Technology = 100 Marks28

2.5.2 Technical Cadre

Seven compulsory subjects and two post related subjects

General Bengali = 100 Marks

26 ibid,27 Ibid,28 [https://en.wikipedia.org/wiki/BCS_Examination, Last visited on 16 December 2015]

General English(Part I & II) = 200 Marks

Bangladesh Affairs(Part I & II) = 200 Marks

International Affairs = 100 Marks

Mathematical Reasoning and Mental Ability = 100 Marks

Two Papers for post Related subject = 200 Marks.29

29 ibid

Chapter 3

RESERVATION SYSTEM IN INDIA AND PAKISTAN3.1 Reservation system in India

Reservation in India is the process of facilitating the person in education, scholarship,

jobs, and in promotion who have category certificates. Reservation is a form of quota

based affirmative action. Reservation is governed by constitutional laws, statutory

laws, and local rules and regulations. Scheduled Castes (SC), Scheduled Tribes

(ST) and Other   Backward Classes (OBC) and in some states Backward Classes

among Muslims under a category called BC (M), are the primary beneficiaries of the

reservation policies under the Constitution – with the object of ensuring a level

playing field.30

3.1.1 Present caste-based reservation system of Union Government

Scheduled Cates – 15%

Scheduled Tribes – 7.5%

Other Backward Classes (OBC) – 27%

Total reservation – 49.5%31

3.1.2 Beneficiary groups of the reservation system

Enrolment in educational institutions and job placements are reserved based on a

variety of criteria. The quota system sets aside a proportion of all possible positions

for members of a specific group. Those not belonging to the designated communities

can compete only for the remaining positions, while members of the designated

30 [http://en.m.wikipedia.org/wiki/reservation_in _India, Last visited on 15 January 20]31 ibid,

communities can compete for either reserved or open position. For example, when 1

out of 10 clerical positions in railways are reserved for ex-servicemen, those who

have served in the Army can compete both in the "General Category" as well as in the

specific quota. 32

Since the introduction of reservation system in India, a lot of controversy has

been attached to it. There are people who are in favor or quota system and consider it

a positive step towards making education accessible among the masses without any

discrimination. The students of these castes and groups have always had difficulties

in attaining education with normal people in normal institutes which is why they lag

behind. They have an equal right for education and quota system is a medium which

gives them a fair chance to stand in the queue and prove their worth and talent against

students of upper castes and majority.33

Seats are reserved for people under the following criteria:

3.1.3 Caste Based Quota

In central-government funded higher education institutions, 22.5%  of available

seats are reserved for Scheduled Caste (SC) and Scheduled Tribe (ST) students (7.5%

for STs, 15% for SCs). This reservation percentage has been raised to 49.5% by

including an additional 27% reservation for OBCs. This ratio is followed even in

Parliament and all elections where a few constituencies are earmarked for those from

certain communities.34

The exact percentages vary from state to state

1. In Tamil Nadu, the reservation is 18% for SCs and 1% for STs, based on local

demographics.

2. IN Northeast India, especially in Arunachal Pradesh, Meghalaya, Nagaland

and Mizoram, reservation for ST in State Govt. jobs is 80% with only 20%

32 ibid,33 [https://Everything.explained.today/reservation_in_india, last visited on 15 January 2016]34 [http://en.m.wikipedia.org/wiki/reservation_in _India, Last visited on 15 January 20]

unreserved. In the Central Universities of NEHU (shillong) and Rajiv Gandhi

University, 60% of seats are reserved for ST students.

3. In Andhra Pradesh, 25% of educational institutes and government jobs are

reserved for OBCs, 15% for SCs, 6% for STs and 4% for Muslims.

4. In West Bengal, 35% of educational institute seats and government jobs are

reserved for SC, ST, and OBC (22% SC, 6%ST, 7% for  OBC A &B) in West

Bengal there is no reservation on religious basis but some economically and

educationally backward Muslim castes(basis surnames pertaining to different

profession e.g. cobbler, weaver etc.) have been included along with their

Hindu counterparts in OBC list namely OBC A and OBC B, in both lists caste

from both communities are there. But in higher educational institute, till now

there is no reservation for the OBC community but there is reservation in

regard to admission in primary, secondary and higher secondary studies.35

3.1.4 Religion

There is no reservation granted on the basis of religion in the Central educational

institutions at the national level, although reservation has been extended to religious

minorities in some states. The Tamil Nadu government has allotted 3.5% of seats

each to Muslims and Christians, thereby altering the OBC reservation to 23% from

30% (since it excludes persons belonging to Other Backward Castes who are either

Muslims or Christians). The Government of Andhra Pradesh introduced a law

enabling 4% reservations for Muslims in 2004. This law has upheld by the Supreme

Court of India in an interim order on March 25, 2010, however it constituted a

Constitution bench to look in the issue. Until that decision, it is allowed. The

Supreme Court bench of Chief Justice K.G. Balakrishnan and Justices J.M. Panchal

and B.S. Chauhan referred this issue to Constitution bench to examine the validity of

the impugned Act since it involved important issues of Constitution.[29] The issue of

35 ibid,

whether religion-based quotas are permissible under the Constitution is now before a

Constitution bench of the Supreme Court. Pending a decision on its legality, the top

court, however, allowed the state government to implement the quota. Kerala Public

Service Commission has a quota of 12% for Muslims. Religious minority (Muslim or

Christian) educational institutes also have 50% reservation for Muslim or Christian

religions. The Central government has listed a number of Muslim communities

as backward Muslims, making them eligible for reservation.36

3.1.5 Controversy

The reservation system has called for a lot of controversy and criticism by the masses

and different groups. People who oppose quota system state that they believe in merit

and reservation is killing merit and true deserving candidates. Because a certain

percentage of seats are already allotted to candidates who do not even meet the

criteria, it creates a disadvantage for the deserving candidates who have worked hard

all year and scored good marks but could not get admission because of shortage of

seats.37

The Government of India on 22 December 2011 announced establishment of a

sub-quota of 4.5% for minorities within the existing 27% reservation for Other

Backward Classes. The reasoning given was that Muslim communities that have been

granted OBC status are unable to compete with Hindu OBC communities. It was

alleged that the decision was announced as the Election Commission announced

Assembly elections in five states on 24 December 2011. The government would not

have been able to announce this due to the model code of conduct. On 12 January

2012, the Election Commission stayed implementation of this decision for violation

of the model code of conduct. Later, Justice Sachar, head of the Sachar

36 [http://articles.economictimes.indiatimes.com/2014-02-20/news/47527120_1_constitution-bench-ap-backward-quota, last visited on 16 January 2016]37 Durga Das Basu, Introduction to the Constitution of India, 21st ed, (Nagpur: Lexis Nexis Butterworths wadhuwa, 2013), p. 98

Committee that was commissioned to prepare a report on the latest social, economic

and educational condition of the Muslim community of India, criticized the

government decision, saying "Such promises will not help the backward section of

minorities. It is like befooling them. These people are making tall claims just to win

elections". He suggested that instead of promising to give reservations, the

government should focus on basic issues of improving administration and

governance. 38

On 28 May 2012, the Andhra Pradesh High Court quashed the sub-quota. The

court said that the sub-quota has been carved out only on religious lines and not on

any other intelligible basis. The court criticized the decision: "In fact, we must

express our anguish at the rather casual manner in which the entire issue has been

taken up by the central government.39

3.2 Reservation system in Pakistan

Quota System in Pakistan was established in Pakistan to give every region of the

country representation in institutions according to their population. The Civil Service

of Pakistan selects only 7.5% of the applicants by merit, education, qualification and

experience. The quota system in Pakistan is interconnected with its independence

from the imperialist British Empire and since day one all the governments of Pakistan

have uphold this relic of the cruel past with utmost devotion and forbearance laden

loyalty. 40

3.2.1 Quotas in Pakistan Civil Service

The Civil Service of Pakistan selects only 7.5% of the applicants by merit, education,

qualification and experience while the 92.5% are selected by using quota system.

1. Merit 7.5%38 [ http://www.deccanherald.com/content/228547/govt-trying-befool-minorities-quota.html, Last visited on 16 January 2016]39 ibid,40 [http://waheeduddinhyder.blogspot.ca/2013/10/quota-system-in-pakistan.html, Last visited on 16 January 2016]

2. Punjab  (Including Federal Area of Islamabad) 50%

3. Sindh  (Including Karachi) 19%

4. The Share of Sindh will be further sub-allocated in the following ratio:

5. Urban Areas, namely Karachi, Hyderabad and Sukkur 40% of 19% or 7.6%.

6. Rural Areas i.e. rest of Sindh (Excluding Karachi, Hyderabad & Sukkur, 60%

of 19% or 11.4%)

7. Khyber Pakhtunkhwa  11.5

8. Balochistan  6%

9. Gilgit–Baltistan  and Federally Administered Tribal Areas 4%

10. Azad Kashmir  2%

11. Women Reserved Quota: 10% Women quota will be observed / calculated

from the share of each province / region.41

3.2.2 Controversy

Article 25 of the Constitution of Pakistan stated;

“(1) All citizens are equal before law and are entitled to equal protection of law.

(2) There shall be no discrimination on the basis of sex.

(3) Nothing in this Article shall prevent the State from making any special provision

for the protection of women and children.”42

Article 27 stated that;

“(1) In respect of access to places of public entertainment or resort not intended for

religious purposes only, there shall be no discrimination against any citizen on the

ground only of race, religion, caste, sex, residence or place of birth.

(2) Nothing in clause (1) shall prevent the State from making any special provision

for women and children.”43

41 [ http://defence.pk/threads/2014-and-we-still-have-quota-system-in-pakistan.373248, Last visited 17 January 2016]

42 The Constitution of the Islamic Republic of Pakistan, Chapter 1: Fundamental Rights, Article: 25. 43 Ibid, Article: 27

Constitution itself ensures the all people in a same law, on the other hand the

quota system in Civil Service making special advantage for a class of people. Here, it

have been reserved only 7.5% of seats for merit. It is true that quota system is needed

for a country in requirement but it is not ethical to reserved maximum number of

percentage to upgrade the backward peoples. Equality of opportunity should be

provided, without any reservations or discrimination, for career progression and

appointment to senior managerial positions to all members of the Civil Services

whether they belong to Services, Cadres, Occupational groups and ex-cadre

positions.44

First of all we should think like Pakistanis, not like Punjabis, Sindhis, Balochis,

Pakhtoons and Mohajirs. We should do the things that are better for our country not

for any individual. Why impose a quota? Why not simply educate and help the

masses to make them compete at equal levels? Waderas, Choudhries, Sardars, and

Khans are responsible for educating people of their areas, as they come to the

Assemblies through their people’s votes. I think quota system is the biggest symbol of

injustice at all levels with the people who are on merit. It should be given up, instead

what we are seeing is that it is being extended for 20 more years. And who are the

people benefiting from it? The people from the so-called backward areas? No, the

only ones who benefit from it are the children of Sardars, Choudhries, Waderas and

Khans. I advise the Prime Minister of Pakistan to please stop this injustice from

happening. I believe that the quota system is wrong and un-Islamic and Pakistan,

which is an Islamic country, should not have it. 45

44 Farhan Hanif Siddiqi, The Politics of Ethnicity in Pakistan: The Balochi, Sindhi and Mohajir Ethnic Movements,( Karachi: Routledge,1998), p. 122.45 Ibid, p.126.

Chapter 4

DIFFERENT OPINION ABOUT THE QUOTA SYSTEM4.1 Problem‐issues, concerns and Analysis

BCS exam is the highest examination system for recruitment of officers for different

cadres of Bangladesh Government Services which includes administration to

education. The service of the government in its different sectors will depend on the

quality of the selection in its different cadres. Every cadre is important in its own

merit. And the best sons of the soil should be recruited for the services. Quota system

was introduced in the government service by an executive order in 1972, where 45%

are reserved on merit, rest 55% is distributed as 30% for children of freedom fighters,

10% for women, 10% for districts and 5% for indigenous people. We have passed 37

years of our independence. Controversy   arises regarding continuation of quota. Some

are against it and some are in favor. There is a group in between who prefer

to reduce the percentage of quota in different categories.46

4.2 Opinion of different person about the Quota system

Many of the persons give their opinion about the quota system. Some suggest for

modify the Quota system as well as the percentage of different Quota. Some are

totally against the Quota. They want the Quota system in full should be abolished.

Some people are in favor of it.

Dr. Akbar Ali Khan, the advisor of former Caretaker Government and Ex-civil

Servant of Bangladesh Said,” There is no basis for the present quota system in the

constitution.  There should be no such quotas permanently or for an indefinite period.

It gives people an impression that less efficient people get appointments through the

46 [https://bdoza.wordpress.com/tag/quota-system-in-bcs, Last visited 22 January 2016]

quota system and thus the quality of public administration drops. Allocation of

appointments on the basis of quotas should not be greater than on the basis of

merit.”47 He also added that, “Different Qualifying benchmarks are not found even in

uncivilized jungle. Only 45% merit based recruitment in public service is against the

constitutional provisions. The only legal basis of quota for freedom fighter could be

established if it were to be proved that they are the ‘backward segment’ of the society

and basis for the freedom fighters quota are even weaker, whereas now quota is being

implemented for the grandchildren as well.”48

 Saadat Hussain, former PSC Chairman had given his opinion about the Quota

system. The retired Secretary said, “The quota system should be amended along with

the examination system.  This system has no Constitutional basis, but still it is a

national issue. Complexities surrounding the issue have made it more difficult to

resolve it.  This system has no Constitutional basis, but still it is a national issue.

Complexities surrounding the issue have made it more difficult to resolve it. And so,

finding a solution to one or two types won’t do. If anyone wants to work on quotas,

he or she will have to work on all forms of quotas. In a 2009 report, we said the quota

system had reached a stage wherein complexities associated with it can’t be solved

with mere human qualities. Quotas not only mean BCS quotas. Everyone’s talking

about freedom fighter quotas. But there are quotas for women, districts, indigenous

people etc. Each quota has again divisions. The district quota system is based on

population and because of this, small districts are deprived. As a result, purposes of

creating such quotas have backfired. Districts like Meherpur, Lalmonirhat, Serpur,

and Laxmipur have no district quotas. What we did is, if there are 189 posts, one seat

each should be given to the districts. And if there are over 18 posts, then there would

be one post for each division. We had declared 31 districts backward and allocated

two percent quotas for them.”49

47 [ http://www.bdchronicle.com/detail/news/31/810, Last visited 22 January 2016]48 [archive.thedailystar.net/new Design/story.php?nid=29934, Last visited 23 January 2016]49 [http://bdnews24.com/bangladesh/2013/07/27/quota-and-exam-systems-need-amendment, Last

visited on 23 January 2016]

He also added that, “I believe a different quota system should be introduced for

the BCS where merit will be given topmost priority. Apart from the gazetted officers,

there are thousands of posts in first and second class non-cadre jobs. A different quota

system should be introduced there. Those having third and fourth class jobs will not

be the country’s policymakers. So, there should be a different quota system for them.

Apart from the gazetted officers, there are thousands of posts in first and second class

non-cadre jobs. A different quota system should be introduced there. Those having

third and fourth class jobs will not be the country’s policymakers. So, there should be

a different quota system for them. Quota essentially means giving opportunities to the

relatively less qualified. But while amending the system it should not ended up

amending the freedom fighter quota alone. All the quotas will have to be amended.”50

Prof Musleh Uddin Ahmed, chairman of Public Administration at University of

Dhaka, Said, “Quota system in public recruitment is not a new idea. It has existed

almost in all civilized states, but for a specific period of time. Bangladesh is now at

44, but still, quotas prevail, obstructing the BCS recruitment route. Indeed, it is

contaminating the standard of civil service, which is partially responsible for weak

policy implementation. The poor recruitment process, including the stimulation of

quota and lack of the right person in the right place are more responsible for the

failure of some recent bilateral negotiations and treaty. It is fair to say that the

administration or a state cannot be run by emotion, but requires pragmatism.”51

Mustafa Chowdhury, (Editor and writer) in his book Understanding Public

Administration said that, “Quota system in BCS is a barrier to merit and

administrative efficiency. It is often criticized that in the face of unemployment of

males, females are given undue privileges through the quota system. This system also

supports underestimation of abilities, discrimination and gender specific standards of

females, which could lead to further discrimination standards of females, which could

lead to further discrimination, were hired through the women quotas being hired

50 ibid,51 [http://www.theindependentbd.com/printversion/details/27149, Last visited on 24 January 2016]

without their required qualifications. Rather, they have to show their competence by

appearing in different examination, the same as males. A quota system may be

explained here as a way, whereby some eligible female candidates are getting an

added opportunity to enter into the civil service.”52

Former member of the PSC and professor at Dhaka University’s Public

Administration Department, Mohammad Mohabbat Khan said,” the quota system

should be reviewed. If we want a first grade civil service, we need first class

graduates and for this it should be ensured that the talented are recruited in the civil

service. Initially the government can reduce the percentage of quota and merit-based

recruitment should be made in 80% cases.”53

Meghna Sabharwal and Evan M. Berman on their book ‘Public Administration in

South Asia’ said, “The quota is frustrating and demoralizing for the true merit. Quota

cannot continue for perpetuity, it should have some ending point. Otherwise, it is

misused in favor of politics and interested groups. Quota resists the country in getting

the quality service of brilliant graduates who could better serve the nation than those

recruited based on quota. As a result, the new generation is averting from civil service

rather they like to join in a private job that provide more financial and fringe benefits

than that of government service If quota dominates in recruitment of civil servants, it

would demoralize qualified graduates Consequently, they would be frustrated and go

astray. Meanwhile, country will denied from their contribution and because of brain

drain, qualified human resource would go to the private and international

organization. On the other part, quota would recruit under-qualified personnel in

public administration. It would need more investment for educating, training and

make them adapt to administrative culture. However, they would produce poor

performances and compete for promotion and other benefits with the officers join

based on merit. In that process, political intervention on administration and corruption

52 Mustafa Chowdhury, Understanding Public Administration, 1st ed. (Dhaka: The University Press Ltd, 2000), p. 51.

53[http://www.dhakatribune.com/bangladesh/2013/jul/12/experts-suggest-quota-system-review, Last visited on 24 January 2016]

would go high. The final effect is negative impact on country’s growth and

development.”54

54 Meghna Sabharwal and Evan M. Berman, Public Administration in South Asia(India, Bangladesh and Pakistan), 1st ed. (United States: CRC Press, 2013), p. 455.

Chapter 5

CRITICISM OF QUOTA SYSTEM

5.1 Legal Frame Work

The merit ‐based recruitment is the main foundation of a professional bureaucracy.

Unless the recruitment policy is conceived in a sound manner, it is unlikely to build

up a first rate staff.. Therefore, appropriate recruitment policy is essential to attract

best talents to the government service. There are six essential features of a sound

recruitment policy. These are:

1. Constitutional and legal basis of recruitment;

2. Role of the Public service commission;

3. Minimum qualification for recruitment;

4. Determination of the number of vacancies for recruitment in each year;

5. Structure of examination for recruitment; and

6. Exception for merit‐based recruitment.55

5.2 Reservation of Quota

At present the PSC is required to reserves appointment of post according to following

quota:

1. 30% reserved for freedom fighter or the children of freedom fighters

2. 10% reserved for women

3. 5% reserved for trial group

4. 10% reserved different districts (based on districts population density).

55 Ali Ahmed, Administration of Local Self-Government for Rural Areas in Bangladesh, 1st ed, (Dhaka: Local Government Institute, 2001), p. 56

This Quota leaves only 45 present of the post for recruitment to be filled

following a merit-base open competitive system.56

5.3 Constitutional and Legal Basis of Recruitment

The legal basis of recruitment of services of Bangladesh is laid down in Article 133

of the Constitution of the People Republic of Bangladesh, which reads as follows:

"Subject to provisions of this constitution, Parliament may by law regulate the

appointment and conditions of service of persons in the service of the Republic:

Provided that it shall be competent for President to make rules regulating the

appointment and the conditions of service of such persons until provision in that

behalf is made by or under any law, and rules so made shall have effect subject to the

provisions of any such law".57

At present, there exist only a few rules for regulating appointment and conditions

of the services. The Constitution also guarantees of equality of opportunity. Article 29

of the Constitution lays down that "There shall be equality of opportunity for all

citizens in respect of employment or office in the service of the Republic. No citizens

shall, on grounds only of religion, caste, sex or place of birth, be in eligible for, or

discriminated against in respect of any employment or office in the service of the

Republic".58

However under clause (3) of the same Article, the constitution has provided

certain exceptions that read: “Nothing in this article shall prevent the state from (a)

making special provision, in favor of any backward section of citizens for the purpose

of securing their adequate representation in the service of the Republic; (b) giving

effect to any law which makes provision for reserving appointments relating to any

religious or denominational institution to person of that religion or denomination; (c)

56 Statistics of Civil Officers and Staff, Government of the People’s Republic of Bangladesh, [http://www2.mopa.gov.bd/index.php?option=com_content&task=view&id=376&Itemid=229, Last visited 15 December 2015]57 Mahmudul Islam, Constitutional Law of Bangladesh, 2nd ed. (Dhaka: Mullick Brothers 2003), p.212.58 ibid, p. 213

reserving for members of one sex any class of employment or office on the ground

that it is considered by its nature to be unsuited to members of the opposite sex.59

The above constitutional provisions indicate that civil service recruitment policy

in Bangladesh is the admixture of merit and quota. It should be noted here that

recruitment policy was first introduced in Bangladesh by an executive order in

September 1972 called Interim Recruitment Rules 1972 before the constitution came

into operation in December of that year. The recruitment to civil service in

Bangladesh may be of various natures. They are: direct appointment through

competitive examination, appointments by promotion, appointments by transfer and

appointments on ad hoc basis and then regularization. Here we shall deal with direct

recruitment to the officers giving emphasis to cadre services.60

5.4 The result of reserving quota in public sector

It is very important to assess whether the quota reservation is reaping optimum result.

Some of the provisions should be done away with. Since there is opinion in favor and

against the system it is more than necessary to assess the degree of the result in

comparison with its motive behind. Following factors could be considered in this

regard:

i. Whether the districts that are considered backward are getting

proportionate Representations?

ii. Whether, the person who is getting the quota facility from the backward

iii. District is coming from a poor family or is from a well off family?

iv. In case of women quota whether the selected women are from educated

and privileged family?

v. Whether quota is availed of by the people of different faith, caste and

creed proportionate to their size save Muslim?

59 ibid, p. 216.60 [http://www.studentstation.com/bcs-bangladesh/bcs-cadre.aspx, Last visited on 15 December 2015]

vi. Whether quota is deterring employment of people of comparatively young

age? If the candidates are young they could render more service and

dedicate them for the upliftment of the nation?

vii. Whether representation from freedom fighters as well as their wards are

actually been filled up by the true freedom fighters or their wards?

viii. Whether the tribal quotas being filled by the all tribes proportionate to the

particular tribe's population size to the total tribal population?61

5.4.1 The Women Quota

Quota for women has been introduced from 1977 but practiced from 1982. Quota for

women was initially considered for war affected women but later it was further

extended to all women and 10% of all positions have been earmarked. Now quota of

women is now utilized properly and in a survey conducted by PSE, it has been

noticed that success rate in the examination is more in case of women than men.62

5.4.2 Quota for freedom fighters

To recognize the contribution of freedom fighters in the war of liberation 30% quota

was earmarked. Later on when the quota of freedom fighters remained unfulfilled and

freedom fighters of the maximum age limit could not be had considerable debate was

taken place until the said quota was reserved for their wards. The number of freedom

fighters who qualified to enjoy the facility earmarked for them was always dismal

although they had the opportunity of relaxation of age bar for two years.63

Every year the number of successful freedom fighters was far lesser than the post

reserved for them. For the rigidity of keeping the post reserved for them PSC had to

keep the posts vacant for non‐availability of freedom fighters. In spite of PSC's

61 Mohammad Mohabbat Khan, Administrative Reforms in Bangladesh. (Dhaka: The University Press Limited 1998), p. 9462 [http://bdnews24.com/bangladesh/2013/07/27/quota-and-exam-systems-need-amendment, Last visited on 20 December 2015]63 Ibid,

repeated recommendation of merging the posts with general cadres policy makers did

not respond positively. It was only in 2002, when the government instructed the PSC

to recruit on the basis of merit if eligible candidates could not be had from the wards

of the freedom fighters. Time to time further modifications was made in the quota

reservation based on the government decision . However, quota for freedom fighters

further earmarked for their wards. After conversion of the reservation for issues of

freedom fighters the numbers of candidates increased. But, the most of the candidates

who succeeded are the wards of defense personnel. The above finding is an eye

opener to the effect that most of the freedom fighters are in a very poor financial

state. Those who have the slightest financial soundness have been able to succeed.64

5.4.3 Tribal Quota

As regards the findings of the study about tribal applicants, policy makers considered

the tribal and indigenous people lesser advantaged and back ward in terms of

resources the tribal and indigenous people lesser advantaged and back ward in terms

of resources quota in Civil Service has been kept for them. But the quota is

benefitting mostly "Chakma" tribe. Representation of other tribes is negligible. As a

result compared to the size of population of Chakma tribe they are getting

disproportionate jobs in the Civil Service.65

5.5 Assessment of present Quota System

Right after the independence of Bangladesh although a sizable number of officers

were recruited no new rules were formulated then. It started with the formulation of

rules for appointment of superior posts in 1976. Recruitment before that was upon

interim recruitment policy announced by Government in September 1972. With a

view to ensure equal representation of districts, war affected women; freedom fighters

64 Akbar Ali Khan and Kazi Rakibuddin Ahmad. “Quota System for Civil Service Recruitment in Bangladesh: An Exploratory Analysis” March 2008 , [http:// www.bpsc,gov.bd/documents/ news/ 25906 news, Last visited 20 December 2015]65 M.M.R Morshed, Bureaucratic Response to Administrative Decentralization: A study of Bangladesh Civil Service (Dhaka:University Press Limited, 1997), p. 152

and tribal people quota reservation were made for various services and positions in

public sector including defense service. One more change was there in policy in 1997.

Time to time further modification was made in the quota reservation as per

government decision. According to the latest order of the Ministry of Establishment

the Quota System has been rearranged to give access to more tribal applicants.66

1. Quota system denies the merit and efficiency. Civil Service works as

executive arm of any government. People against the system says that it brings

inefficiency Both the Administrative Services Reorganization Committee and the Pay

and Services Commission, were against the Quota System and observed that, this

system would defeat the purpose of building up a first rate Civil Service which the

country needs most. Adoption of a well‐conceived recruitment policy lies at the core

of an efficient Civil Service. However, a weak recruitment policy is unlikely to

ensure the existence of the type of first rate Civil Service system expected in a

modern democratic polity. Some also says that it is against national integrity. They

opined that strong Civil Service has been able to keep India united.67

2. Our Constitution has ensured equal opportunity of jobs to all the

citizens but introduction of quota frustrated that spirit also observed that the quota

reservation was unconstitutional. Mentioned that present Quota System is the

problem of quality of civil servants.68

3. In the present recruitment procedure the geographic quota had been

introduced to create a balance in employment from all districts to make the Civil

Service more representative. However, this is creating instances of greater unfairness

than remedying the disparity that exists between districts. District quota is based on

population of a district .The big district always get more posts than that of small

66 Mustafa Chowdhury, Understanding Public Administration, 1st ed. (Dhaka: The University Press Ltd, 2000), p. 7967 M.M. Khan, Polities of Administrative Reforms, 1st ed. (New Delhi Ashish Publishing House, 1991), p. 35.68 Ibid, p.36.

district .In many cases if total position is not up to certain number then some small

districts do not get it.69

4. People of big cities get double facility with education and quota.

5. Again quota for wards of freedom fighters is against the constitutional

right of equality of opportunity in public employment. Although paying due respect

to those who fought for the independence of the country is a must it may be

considered more logical to show respect in other ways rather than providing

employment to their wards in the Civil Service.70

6. Women are coming in good numbers in good positions. Women quota

seems to be bearing some fruits as more women are getting into public service now

however, women are doing very well in the competitive examinations. For such

reasons getting job both for merit and district quota representation of women are

increasing gradually.71

7. Social justice is necessary to uphold the position of backward people.

69 [http://www.dhakatribune.com/bangladesh/2013/jul/12/experts-suggest-quota-system-review, Last visited on 25 December 2015]70 Ibid,71 Ramesh K. Arora, Comparative Public Administration, 2nd ed, (New Delhi: South Asian Publishers, 2008), p. 194

Chapter 6

RECOMONDATION AND CONCLUTION6.1 Recommendation

Quota should be replaced by affirmative action which to upgrade position of a

particular area or class of people. To do this education, economic condition improves

are of utmost necessity. In constitution the affirmative actions are created for

backward section of people. But if at is ensured that people from all part of the

country are provided by same opportunities, then the large percentage of quota can be

abolished.

For determining district quota some other criteria should be fixed up. Some

persons are getting quota facilities earmarked for an underprivileged area should not

have been considered because they are from affluent families and brought up and

educated in prosperous areas. Most of the person get district quota for being an

inhabitant of that particular area by birth. In most of the cases it is the person parents

who were born in that area. This seems unjustified. The person gets education

facilities of big cities but get facilities of being small city.

Big cities get more quotas because of having more population. A study made by

Dr. Ali Ahmed shows most of the candidates get chance from Chittagong district for

it has larger population. It also shows that most of the CSPs were from that Division

and naturally their children prepare themselves for similar status. This could also be

questioned if many of them get chance for having district quota.

Due to fewer population sizes some small cities do not get the quota facilities if

there recruitment is not a big one. A study of PSC shows that to ensure employment

at least one candidate from a district and one from a division 450 and 18 vacant post

are required respectively. But advertisement for recruitment of so many candidates at

a time is not generally made or possible.

For quota of women the same findings should hold good. Study shows that the

quota favored women who are from a well‐off or qualified parent. Making her

position up with quota facilities cannot stand. Some data shows women do better than

men in examinations. The trend is noticed in successive civil service examinations

conducted by the PSC. But women in higher position are very few. Efforts should be

made to ensure participation of women in all tier of civil service according to their

ratio in population make‐up.

Quota for freedom fighters needs to be rearranged immediately. Constitution

makes a room for backward citizens. But ranking and treating Freedom Fighters with

backward citizen is not ethical and perhaps degrading for Freedom Fighters also for

they suffered, toiled and sacrificed not for getting extra privilege rather to uphold the

sanctity of the nation.

The procedure of identifying freedom fighters also is not transparent and fraught

with loopholes. In 1973 a special examination was held only for freedom fighters, yet

favor is distributed to same group of people time and again. The time is ripe to do

away with freedom fighters quota, if at all that is continued that should be scaled

down to 10%. Favor should not be continued for a particular group of people for an

unending period.

The quotas for tribal, disabled people are so sensitive. That is why these quotas

should be ensured transparently. It should also bear in mind that these quota is only

for their participation in civil service. The total percentage which was fixed for them

should be only fulfilled by them. While analyzing tribal quota it is found that the

same family or same caste gets the quota. In this case the tribe is "Chakma". Time has

come to minimize the entry of “Chakma" tribe instead only, and the other tribes and

aboriginal people dispersed throughout the country should get this tribal quota.

6.1.2 Demands for Abolishment of Quota

Quota is doing more harm than good has been argued by many. Quota system could

be dandified as one of the main cause for deterioration of quality of civil service

resulting in substandard service to the poor tax payers. But many people are of the

opinion that if the people could be inducted in the service at an early age they could

be molded through quality training and professionalism could be developed

.

6.1.3 A Commission for Restructuring the Quota System

Reshuffling of Quota System at the entry level, especially redistribution of Freedom

Fighters/Issues of Freedom Fighters quota in favor of other category or merit quota

may generate much heat and sensation. Event the Law makers on grounds of losing

cheap popularity may be unwilling to make any change of it. Press and electronic

media may misunderstand and misinterpret it. In spite of all these, the crying need of

the time is to reconsider it to change. In view of the above, we think in case the quota

cannot be removed due to Constitutional provisions, it can be radically reconstituted

as follows:

1. National Merit 75%

2. Women 10%

3. Tribal 5%

4. District Merit 10%

Total =100%

6.2 Conclusion

From the above discussions it becomes quite clear that the issue of quota requires to

be seriously reviewed with a practical and long‐range view. Within the civil service

itself there is a growing feeling that merit should be given more importance and it

could lead to well trained and capable civil service with capacity to meet the

challenges of 21st century. In fact there is no scope for second thought other than

restructuring Quota reservation, Otherwise the constitutional provision may in reality

become a deterrent rather enabler of ensuring equity and would grow into a huge

barrier of ensuring meritocracy in the public sector in Bangladesh.

Some said about the abolishment of quota system, but another group said about the

reform of quota system in BCS. But there is no scope for second thought other than

restructuring quota reservation. Otherwise the constitutional provision may in reality

become a deterrent rather enable of ensuring equity. It would also grow into a huge

barrier of ensuring meritocracy in the public Sector in Bangladesh. Now a day, it is

common to all that, slowly the most meritorious students are lack of confidence for

represent civil service of Bangladesh. This situation now is under control. But, after a

period of time, this situation can become uncontrolled and our desired civil service

may become inefficient. This will be a great threat for ensuring our development.

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Journal

1. The Bangladesh Observer, Politicization at its worst: Bangladesh e-Journal of

Sociology, Vol. 4, No. 2 (2 July 2007).