SC to hear appeal by disqualified 27th BCS candidates 4 Dec
The date was fixed based on a leave to appeal request during the review stage on a verdict given by the Appellate Division 14 years ago
The Appellate Division of the Supreme Court has fixed 4 December to hear an appeal by 1,137 candidates who were disqualified in the second viva-voce of the 27th Bangladesh Civil Service (BCS) examination.
The four-member bench headed by Chief Justice Syed Refaat Ahmed accepted the appeal application and fixed the hearing date today (7 November).
The date was fixed based on a leave to appeal request during the review stage on a verdict given by the Appellate Division 14 years ago.
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Senior lawyers Salahuddin Dolon and Ruhul Kuddus Kajol stood for the candidates, while Additional Attorney General Anik R Haque represented the state.
Through this order, the door for a hearing on the fate-deciding appeal by disqualified BCS candidates has opened, said lawyers.
Bangladesh Public Service Commission (BPSC) cancelled the first viva-voce of the 27th BCS exam during the time of the caretaker government in 2007. Some candidates then filed a writ petition with the High Court (HC) challenging the decision.
After hearing the petition, the HC bench of Justice Md Abdur Rashid and Justice Md Ashfaqul Islam declared the PSC's decision legal on 3 July, 2008.
A second viva-voce was held after the HC verdict. Some candidates who were disqualified in the second round filed another writ petition with the HC in 2008.
On 11 November, 2009, another HC bench of Justice Miftah Uddin Chowdhury Rumi and Justice AB Siddiqui declared the second viva-voce illegal and ordered to appoint the selected candidates of the first viva-voce on merit and keep the appointed candidates of the second viva-voce in their positions.
However, after hearing three appeals made by the government against this HC verdict, the full six-member Appellate Division bench led by then chief justice Md Fazlul Karim on 11 July, 2010, upheld the HC verdict that declared the PSC decision legal.
The apex court verdict also disposed of the government's leave to appeal review request against the HC verdict that declared the second viva-voce illegal.
