Rule-4(3) (b) and Constitution of Bangladesh, 1972 Article-27 and Article-29

With a good academic record the writ petitioner-respondent appeared at the 15th Bangladesh Civil Service (BCS) Examination and secured twelfth position in the merit list and was found fit by the Medical Board but because of an adverse report by the Special Branch of Police his name was not published for appointment. The police report contained a statement that his active political involvement with a student organisation he was not a suitable and fit person for appointment in the police and administrative cadres—High Court Division’s finding that the Government is entitled to be satisfied about a candidate possessing a clean record. Loyalty to the country, personal integrity and discipline and may make necessary verification but at the same time should always be careful not to violate one’s fundamental right—Held: Respondent has been discriminated against and has been denied an equal opportunity to employment.

Bangladesh and Ors. Vs. Gazi Jashimuddin 6BLT (AD)-209.