Ataul Goni Sheikh and Ors. vs The People’s Republic of Bangladesh and Ors.
Citation: 60 DLR (HCD) 79
Jurisdiction : Bangladesh
Petitioners: Ataul Goni Sheikh and Others
Respondents: The People’s Republic of Bangladesh and Others
Facts :
The petitioners filed a Writ Petition under Article 102 of the Constitution after being denied appointment letters for seventy-eight MLSS posts under the Bangladesh Railway Appointment Circular dated 21 October 2010. They claimed that they had been selected through a proper recruitment process and were included in the result sheet published on 8 January 2014, following their success in the viva voce examination. However, a subsequent result sheet dated 17 April 2014, issued without any formal cancellation of the earlier panel, excluded their names and unlawfully included twenty-two previously unsuccessful candidates. Reports published in The Daily Samakal and The Daily Star also exposed these irregularities.
Issues :
1. Whether the exclusion of the petitioners from the manipulated result sheet dated 17.04.2014 was lawful and reasonable.
2. Whether the petitioners had a legitimate expectation to be appointed based on the result sheet dated 08.01.2014.
3. Whether the denial of appointment to the petitioners violated principles of natural justice and Article 27 of the Constitution.
Arguments :
Petitioner’s Arguments:
Mr. Md. Saidul Alam Khan, counsel for the petitioners, argued that the petitioners were lawfully selected and included in the result sheet dated 8 January 2014, but were unjustly excluded from the manipulated panel dated 17 April 2014 without any legal basis or explanation. He claimed this action violated Article 27 of the Constitution and was done with mala fide intent. Invoking the doctrine of legitimate expectation, he asserted that the petitioners had a rightful expectation of appointment and supported his argument with relevant case laws, including Bangladesh Biman Corporation vs. Rabia Bashri Irene and others, [8 MLR (AD) 223].
Respondent’s Arguments (State):
The respondents argued that the result sheet dated 8 January 2014 was never approved by the higher Railway Authority due to certain defects, and therefore, a new panel was lawfully published on 17 April 2014 based on the viva voce examination. They claimed that since the earlier result was not officially accepted, there was no need for formal cancellation, and thus, no illegality had occurred. Mr. Shaheed Alam, counsel for the respondents, supported this position by citing an unreported decision in Chief Personnel Officer (West), Bangladesh Railway vs. Muhammad Shamsur Rahman.
Decisions :
The Supreme Court held that the petitioners were denied fair treatment and a transparent recruitment process. It found that the doctrine of legitimate expectation was applicable, as the petitioners had successfully passed the viva voce examination and were included in the approved result sheet dated 8 January 2014. Their subsequent exclusion from the result sheet dated 17 April 2014 lacked legal justification and was not supported by any overriding public interest.
The Court observed that appointing others from the same panel while excluding the petitioners constituted discrimination in violation of Article 27 of the Constitution. The absence of a valid explanation or evidence of fault on the part of the petitioners led the Court to conclude that the process was carried out with mala fide intent and was unjust.
Accordingly, the Court directed that the petitioners be appointed to the reserved vacant MLSS posts within sixty days, making the Rule absolute in part.
Relevant Legal Principle :
Doctrine of Legitimate Expectation: The Doctrine of Legitimate Expectation is a principle in administrative law that protects individuals against abrupt or unfair changes in government policy or decisions, especially when they have been led to expect a certain treatment based on past actions, promises, or established practices of public authorities. However, legitimate expectation can be overridden only by valid public interest. In such cases, valid reasons or public interest to deny the legitimate expectation must be established.
Relevant Laws :
- The Constitution of the People’s Republic of Bangladesh
- Article: 27, 102
Author :
1. Muhammad Ishrak Ahsan
2. Md. Fuad Hasan
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