SC upholds cancellation of 1st result of 27th BCS exams

The Appellate Division on Sunday upheld the High Court’s verdict that had declared the cancellation of the first result of the 27th BCS examinations to be legal.
The full court of all six Appellate Division judges, chaired by Chief Justice Mohammad Fazlul Karim, delivered the judgement, rejecting a petition filed, seeking permission to appeal against the High Court’s verdict, by the candidates who had qualified in the first result of the 27th BCS examinations but were disqualified in the second result.
The Appellate Division, however, disposed of with some observations another petition, filed by the government seeking permission to appeal against the High Court’s verdict that had declared illegal the second result of the 27th BCS examinations.
On 1 July, 2007 the Public Service Commission cancelled the previous viva voce (oral examinations) of the 27th BCS exams, and held another viva voce of the candidates who had passed the written examinations. On 30 June, 2007 the military-controlled interim government asked the PSC to do so.
A total of 3,567 candidates were declared successful in the first result announced in January 2007 and 3,239 candidates passed according to the second result announced on 23 September, 2008.
The failed candidates alleged that the PSC had deprived them intentionally in the second result of 27th BCS exams held in 2005 as per the instruction of the military-controlled interim regime.
After hearing several writ petitions filed by the candidates who had qualified in the first viva voce of the 27th BCS exams, the bench of Justice MA Rashid and Justice Md Ashfaqul Islam on 3 September, 2008, declared illegal the cancellation of the first result.
Declaring the second viva voce of the 27th BCS exams illegal, the bench of Justice Miftahuddin Chowdhury and Justice Abu Bakar Siddiquee on 11 November, 2009 asked the government to give appointments within three months to 169 candidates who had passed the first viva voce but were disqualified later.
The court, however, said that the appointments of the successful candidates of the second round of the 27th BCS would be upheld as they were already in service.
In response to the government’s leave to appeal petition, the Appellate Division’s chamber on March 23 stayed the operation of the verdict delivered on 11 November, 2009, and decided to have the matter heard by the full bench.
Additional attorney-general Murad Reza represented the government while Amirul Islam, M Zahir, Rokan, Abdur Rob Chowdhury and Abdul Matin Khosru appeared for the petitioners.

Courtesy of NewAge