Quota system versus merit-based civil service

The prevailing quota system in the civil service of Bangladesh was introduced by an executive order immediately after independence in 1972 as an affirmative action to promote inclusive representations for the people of various backgrounds. Students of different universities and colleges have been staging demonstrations demanding an end to the existing quota system in the Bangladesh Civil Service (BCS).

The demonstrations and rallies by the agitated jobseekers and students to drastically reform the existing quota system have been continuing across the country. That has resulted in unfortunate violent clashes between the law enforcers and the anti-quota campaigners in the capital, Dhaka.

The main demands of the students, besides the withdrawal of cases against 700 demonstrators, are: (a) decreasing quota to 10 per cent (b) recruiting candidates from merit list if there are no qualified candidates from the quota, (c) stopping of special recruitment tests for quota candidates, (d) setting uniform age limit for government services, and (e) discontinuing repeated use of quota as a privilege.

Of the total 56 per cent quota for recruitment in civil service, 30 per cent is reserved for freedom fighters, 10 per cent for districts lagging behind, 10 per cent for women candidates and 5.0 per cent for indigenous communities and 1.0 per cent for the handicapped persons. The rest 44 per cent recruitment is made on merit basis only.

Indeed, it is a matter of disappointment that even after 46 years of Bangladesh's independence, the controversial and contentious preference quota system continues due to political resolve, amid anti-quota rallies, and demonstrations by university and college students across the country.

A decade back, this author elaborately dealt with the subject in an article titled, "Quota system for civil service" which was published in an English-language daily on July 18, 2008. Subsequently, other analysts, such as Muhammad Nurul Huda, a former high-ranking civil servant, also dealt with the issue.

We presented somewhat identical arguments in our seperate discussions that the existing recruitment quota system, particularly quota for the freedom fighters and the districts are: (a) discriminatory, and (b) at the cost of merit and competency. I never presumed that I will have to deal with the same issue again almost after a decade.

But public debate continues on the quota system with a plethora of articles written by scholars and experts and editorials by newspapers in recent times reiterating the demand for elimination of freedom fighters' and district quota.

The first-ever comprehensive review and analysis of restructuring of the Quota system was undertaken by the former Regulatory Commission Chair and freedom fighter, Dr. Akbar Ali Khan and Secretary Raquib Uddin Ahmed.

The report, along with recommendations, was submitted to the Bangladesh Public Service Commission Chairman Dr. Saadat Hossain on March 06, 2008 for onward transmission to the government. Dubbing the existing system "faulty", Dr. Khan forcefully said:  "Quota for the civil service recruitment cannot continue for an indefinite time. There should be a mechanism for re-arranging the system. Otherwise, there may be an impression that those recruited are not competent".

But the above extensive review by celebrated civil servants and the Public Service Commission's continual recommendations for restructuring the recruitment-quota system were ignored by the successive governments of Bangladesh. Perhaps, emotive political considerations, rather than judicious arguments are the main reasons for retaining the freedom fighters' and district-based quota system in public service for such a long period.

The apex court of the country on  March 05 rejected a writ petition which called for reforms of the long-standing contentious issue. The learned judges rejected the petition on the grounds that the writ petitioners were not aggrieved under Article 19 of the Bangladesh constitution which mandates that "the state shall endeavour to ensure equal opportunity to all citizens" of the Republic.

Observers think that the erudite judges could have asked the government to constitute a special commission consisting of acclaimed retired bureaucrats and educationists of the country to review the quota system in order to safeguard present and future competitiveness of our "Sonar Bangla" in the world.

Yet again, on March 21, Prime Minister Sheikh Hasina held that the quota system in government jobs for the freedom fighters, their children and grandchildren would continue as they have made supreme sacrifices for the independence of our country. This signal's her government's intent not to reform the current quota system.

By challenging the "bizarre" quota system which is fraught with controversy, Dr. Akbar Ali Khan recently held, "No country has the rule to retain quota system for an indefinite period." He added, "Quota system has put the brilliant people of the country at risk". The freedom fighters' legitimate share in civil service was perhaps relevant previously as their position was despondent.

Dr. Khan also alleged, "What we offer in the name of freedom fighters' quota now is absolutely unrealistic". Similarly, distinguished public policy scholar Dr. Habib Zafarullah in his article, "Policy and Politics of Preference: The Quota System in Bangladesh Civil Service" stated: "Successive governments failed to dig out the wrongs of the system and streamline it for its efficient working and for providing desired services to the society". (Towards Good Governance in South-Asia, University of Bergen, 2010, p.12).

 By preserving freedom fighters' quota and the district quota, we are affecting the quality and standard of civil servants of Bangladesh to compete globally. Most experts think that they do not need the compassionate reservation anymore.

Nevertheless, there can be other ways to honour our freedom fighters. For example, India has the "Freedom Fighters Pension Scheme" as a reward and continued respect to the Indian freedom fighters. Likewise, Bangladesh government may seriously consider exempting school/college/university admission fees and BCS examination fees for the freedom fighters' descendants as an honour. This scheme will benefit the large number of poor offspring of the freedom fighters, particularly in rural areas.

Of course, there is a need for affirmative actions to right historical wrongs or to prevent transmission of inter-generational inequality. For example, the poorer segment of population cannot afford the kind of education and training or nutrition that the richer section of society has. Thus, the children from the historically disadvantaged segment can never compete with those from the privileged section, except in some special circumstances. Hence they need special measures to compensate for their disadvantaged initial conditions. Only then can "equal opportunity to all" have a meaning; otherwise, it would be a cliché.

Thus, our neighbour India has affirmative action policies and quotas for the historically disadvantaged different tribes, scheduled castes, and backward classes only. Similarly, Malaysia has affirmative action programmes for historically disadvantaged "bhumi putra" vis-à-vis advanced Chinese or Indian communities.

However, the problem with such affirmative actions or quota systems is that they risk capture by vested interest. They create "laziness" and disincentive to excel among the very people the reservation system intends to help, especially when continued for an indefinite period. In the context of Bangladesh, one needs to ask: Do the "grandchildren" of freedom fighters need special quota anymore to realise their aspirations?

Here, again perhaps, Bangladesh can learn from India. Remarkably, the Madras High Court in August 2010 ruled that the state government's decision to "discontinue" the earlier authorised concessions to higher education to the Indian freedom fighters' grandchildren was valid. The High court quashed a single judge's order granting reservation of seats for the grandchildren of Indian freedom fighters in Engineering and Medical colleges and other institutions of higher education.

Prime Minister Hasina has probably overlooked the fact that our freedom fighters took up arms against the most oppressive and barbarous Pakistani military junta mainly for two reasons. First, to free the country from discriminations and subjugation; and second, to establish an "exploitation and discrimination-free" Bangladesh. They did not fight keeping in mind any special reserved entitlements from the independent state.

Certainly, as progeny of our illustrious freedom fighters, they are bright enough to get an employment through competing with others. By granting special rights to government jobs, we are perhaps, making them spiritless and lackadaisical to face challenging tasks of the government.

Indeed, competent and efficient civil servants are indispensable and crucial. In all modern states, developed or underdeveloped, civil service has emerged as "an important independent variable that greatly influences any kind of transformation in the society-be it social, political or economic", (Joseph LaPalombara, Bureaucracy and Political Development, Princeton University Press, 1963,p.4). Merit-based and well-qualified recruitment is the most integral part of engagement and promotion strategy of civil servants in the developed countries of the world.

Therefore, we may conclude that to advance socio-economic development faster and to compete with other countries of the world, Bangladesh needs a distinguished and merit-based, and professional civil service continually prepared to address any domestic or global challenges or to resolve contentious national governance issues.

Indeed, to promote national interests, dealing with the tasks of good governance, democratic development, and better policy decisions and implementation, the existing quota system must be reformed and restructured as early as possible.

Dr. Kamal Uddin Ahmed is a former Professor and Chairman, Department of Political Science at the University of Dhaka.

kamal112au@ yahoo.com