Gulam Rabbani :
Legal experts are of the opinion that it goes against the Constitution if a citizen of the country is denied government job, for not having permanent address, despite holding all the qualifications for the post applied for..
They said, it is not mandatory that an individual or a family should have a piece of land or a permanent address to get a government job. Anyone who is a citizen of Bangladesh will be entitled to a government job.
Although there is no such obligation that a man or woman should have own land or permanent address, two job-seekers- one from Barishal and the other from Khulna districts -were refused to join the Police Department as a constable for not having a permanent address.
Mim Akhter, hailing from the Sonadanga area of Khulna, bagged the first place in the merit list of the Trainee Recruit Constable examination under the general quota for women.
But she was informed on December 11 that she would not get the job, as she did not mention any of her permanent address while applying for the post.
Mim’s ancestral home is in Bagerhat, but her family has been living in Khulna for more than 32 years.
Before it, one Aspia Islam of Barishal was denied the job at the last stage of the recruitment process during the police verification for being landless. Aspia has been living in Barishal for more than 15 years though her ancestral home is in Bhola.
Later, the Prime Minister ordered building a house for Asfia Islam on a government land, so that she can get a police constable job.
Asfia qualified for the trainee recruit constable post after passing the medical, written and viva voce tests.
Supreme Court lawyer Khurshid Alam Khan, said here is no law in Bangladesh that says an individual must have a permanent address to get a government job. Such condition is against the Constitution and if police law suggests that an individual have to have a permanent address to get a government job then it must be reformulated, added the lawyer.
Another Supreme Court lawyer Manzill Murshid said one individual don’t need to have own land or resources, but must have an address to identify them. Otherwise he/she cannot be communicated which is necessary in getting any kind of job.
Additional Attorney General SM Munir said, “Mentioning a permanent address for getting a government job is a custom. It is necessary at least for communicating with the job seeker. It also needs to be clear whether you are a citizen of a different country. Someone may not have own land or resources, but they need a permanent address.”
According to the Article 27 of the Constitution, “All citizens are equal before law and are entitled to equal protection of law.”
Article 29(1) of the Constitution said, “There shall be equality of opportunity for all citizens in respect of employment or office in the service of the Republic.”
And Article 29(2) said, “No citizen shall, on grounds only of religion, race, caste, sex or place of birth, be ineligible for, or discriminated against in respect of, any employment or office in the service of the Republic.”
The High Court also expressed its discontent at the job rejection to Mim Akhter in the police department despite qualifying in all the relevant examinations since she has no permanent address.
It cannot happen that a person will not get a job even after qualifying in all the competitive examinations for not having a permanent address, the HC bench of Justice M Enayetur Rahim and Justice Md Mostafizur Rahman said on December 14.
During the hearing, the court said, “Hundreds of families in the country lose their homesteads and crop lands every year in the river erosion. Then they become trace less. However, Mim has a permanent address. It cannot happen that a person will not get a job because of not having a permanent address.”
