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 CONTENT
Page No
Acknowledgements

viii

Chapter 1
Introduction
1.1 Introduction

Chapter 2
Bangladesh Civil service
2.1 The structure of Bangladesh civil service
2.2 Cadre service
2.3 Quota System
2.4 Recruitment in Bangladesh Civil Service in Different Eras
2.5 Marks Distribution

5
6
8
11
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 Problemissues, concerns and Analysis

23

vi
Chapter 5
Criticism of Quota system
5.1 Legal Frame Work
5.2 Reservation of Quota

27
27

5.3 Constitutional and Legal Basis of Recruitment

5.4 The result of reserving quota in public sector
5.5 Assessment of present Quota System

28
29
31

Chapter 6
Recommendation and Conclusion
6.1 Recommendations
6.2 Conclusion

34
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
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
1

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 9 December 2015]
2
Ibid,

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
exiting posts were 937,024 and vacant posts were 124,065. This number is very
meager compared to net eligible workforce 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 filledin 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
3

Mohammad Mohabbat Khan: Administrative Reforms in Bangladesh, 1st ed. (Dhaka: The University
Press Limited, 1998), p. 102
4
Statistics of Civil Officers and Staff, Government of the Peoples 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
ibid

The Article 29(1) of the constitution of the Peoples 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
seems imperative for this nation to selfactualize 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 topperforming 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
6

Mahmudul Islam, Constitutional Law of Bangladesh, 2nd ed. (Dhaka: Mullick Brothers 2003), p.211.
Mohammad Mohabbat Khan, Administrative Reforms in Bangladesh. (Dhaka: The University Press
Limited 1998), p. 106-107
8
Ministry of the Public Administration, Government of the Peoples Republic of Bangladesh,
[http://www2.mopa.gov.bd/index.php?option=com_content&task=blogcategory&id=40&Itemid=438, ,
Last visited 10 December 2015]
7

occurred in the preBangladesh 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

The Bangladesh Observer, Politicization at its worst: Bangladesh e-Journal of Sociolog,. Vol. 4, No. 2
(2 July 2007)

Chapter 2
BANGLADESH CIVIL SERVICE
2.1 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
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

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]
11
Ruhul Amin, Bangladesh Revisited- A Comprehensive Study of an Asian Nation, 1st ed, (Dhaka:
Osder Publications, 2010), p. 277

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.
2.
3.
4.
5.

merit based, neutral

Well structured, right sized and well paid
Accountable, professional and relatively corruption free
Relatively autonomous, responsive and representative
Well trained, performance oriented and relatively open.13

2.2.1 Evolution of the Cadre Service

12

[http://www.studentstation.com/bcs-bangladesh/bcs-cadre.aspx, Last visited on 14 December 2015]

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.

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 subcontinent 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 nonmilitary 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
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
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 ]

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
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
15

Heady Ferrel, Public Administration, A Comparative Perspective, 6th ed, (United State: CRC
Press Int, 1996), p.137
16
ibid, p. 138.
17
Ibid, p. 141.

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

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
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

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 Bachelors 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 2125, 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
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
20

Ibid, p. 141.
Ibid, p. 142.
22
S.A.M.M Ali, Bangladesh Civil Service: A PoliticalAdministrative Perspective,(Dhaka: University
Press Limited, 2004), p. 17.
21

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 vivavoce tests. In this case, separate marks were allotted for
academic attainments at four different stages of educational qualifications.
Throughout the 1980s 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
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

23

ibid, p. 17-18

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
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

24

Ibid, p. 19.
[https://eduresourcebd.wordpress.com/2012/04/27/bcs-bangladesh-civil-service-examinationsystem, Last visited on 16 December 2015]
26
ibid,
25

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. 75law/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

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

27

Ibid,
[https://en.wikipedia.org/wiki/BCS_Examination, Last visited on 16 December 2015]
29
ibid
28

Chapter 3
RESERVATION SYSTEM IN INDIA AND PAKISTAN
3.1 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
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

30

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

ibid,
32
ibid,
31

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

2.

demographics.
IN Northeast India, especially in Arunachal Pradesh, Meghalaya, Nagaland
and Mizoram, reservation for ST in State Govt. jobs is 80% with only 20%
unreserved. In the Central Universities of NEHU (shillong) and Rajiv Gandhi

3.

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

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

4.

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

33
34

[https://Everything.explained.today/reservation_in_india, last visited on 15 January 2016]

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

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
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

35

ibid,

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
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

36

[http://articles.economictimes.indiatimes.com/2014-02-20/news/47527120_1_constitution-bench-apbackward-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

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.
2.
3.
4.
5.
6.

Merit 7.5%
Punjab (Including Federal Area of Islamabad) 50%
Sindh (Including Karachi) 19%
The Share of Sindh will be further sub-allocated in the following ratio:
Urban Areas, namely Karachi, Hyderabad and Sukkur 40% of 19% or 7.6%.
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. GilgitBaltistan and Federally Administered Tribal Areas 4%
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]

10.
11.

Azad Kashmir 2%
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
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
41

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

January 2016]
42

43

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

Ibid, Article: 27
Farhan Hanif Siddiqi, The Politics of Ethnicity in Pakistan: The Balochi, Sindhi and Mohajir Ethnic
Movements,( Karachi: Routledge,1998), p. 122.
44

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 peoples 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

45

Ibid, p.126.

Chapter 4
DIFFERENT OPINION ABOUT THE QUOTA SYSTEM
4.1 Problemissues, 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
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
46
47

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

[ http://www.bdchronicle.com/detail/news/31/810, Last visited 22 January 2016]

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 wont 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 cant be solved
with mere human qualities. Quotas not only mean BCS quotas. Everyones 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
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 countrys policymakers. So, there should be a different quota system for them.
48
49

[archive.thedailystar.net/new Design/story.php?nid=29934, Last visited 23 January 2016]

[http://bdnews24.com/bangladesh/2013/07/27/quota-and-exam-systems-need-amendment, Last
visited on 23 January 2016]

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 countrys 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
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

50

ibid,
[http://www.theindependentbd.com/printversion/details/27149, Last visited on 24 January 2016]
52
Mustafa Chowdhury, Understanding Public Administration, 1st ed. (Dhaka: The University Press
Ltd, 2000), p. 51.
51

Former member of the PSC and professor at Dhaka Universitys 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
would go high. The final effect is negative impact on countrys growth and
development.54

53

[http://www.dhakatribune.com/bangladesh/2013/jul/12/experts-suggest-quota-system-review,
Last
visited on 24 January 2016]
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 meritbased recruitment.55
5.2 Reservation of Quota
At present the PSC is required to reserves appointment of post according to following
quota:
1.
2.
3.
4.

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

10% reserved for women
5% reserved for trial group
10% reserved different districts (based on districts population density).

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:
55

Ali Ahmed, Administration of Local Self-Government for Rural Areas in Bangladesh, 1st ed, (Dhaka:
Local Government Institute, 2001), p. 56
56
Statistics of Civil Officers and Staff, Government of the Peoples Republic of Bangladesh,
[http://www2.mopa.gov.bd/index.php?option=com_content&task=view&id=376&Itemid=229,
Last
visited 15 December 2015]

"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)
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
57

Mahmudul Islam, Constitutional Law of Bangladesh, 2nd ed. (Dhaka: Mullick Brothers 2003), p.212.
ibid, p. 213
59
ibid, p. 216.
58

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

ii.
iii.
iv.

proportionate Representations?
Whether, the person who is getting the quota facility from the backward
District is coming from a poor family or is from a well off family?
In case of women quota whether the selected women are from educated

v.

and privileged family?

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

vi.

creed proportionate to their size save Muslim?

Whether quota is deterring employment of people of comparatively young
age? If the candidates are young they could render more service and

vii.

dedicate them for the upliftment of the nation?

Whether representation from freedom fighters as well as their wards are

viii.

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

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

60

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

Mohammad Mohabbat Khan, Administrative Reforms in Bangladesh. (Dhaka: The University Press
Limited 1998), p. 94
61

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 nonavailability of freedom fighters. In spite of PSC's
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
62

[http://bdnews24.com/bangladesh/2013/07/27/quota-and-exam-systems-need-amendment, Last
visited on 20 December 2015]
63
Ibid,
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]

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
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 wellconceived 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
65

M.M.R Morshed, Bureaucratic Response to Administrative Decentralization: A study of Bangladesh

Civil Service (Dhaka:University Press Limited, 1997), p. 152
66
Mustafa Chowdhury, Understanding Public Administration, 1st ed. (Dhaka: The University Press
Ltd, 2000), p. 79
67
M.M. Khan, Polities of Administrative Reforms, 1st ed. (New Delhi Ashish Publishing House, 1991),
p. 35.

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
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.

68

Ibid, p.36.
[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
69

Chapter 6
RECOMONDATION AND CONCLUTION
6.1 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 welloff 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 makeup.
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.
2.
3.
4.

National Merit
Women
Tribal
District Merit
Total

75%
10%
5%
10%
=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 longrange 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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