Denying one govt job for not having land against constitution: Experts

Barring Aspia Islam of Barishal and Meem Akhter of Khulna to join police as trainee constables because they do not have a permanent address contradicts the constitution and other laws too, say jurists.

Referring to the constitution, they say it is not obligatory for an individual or family to own land or to have a permanent address to get government jobs. Anyone who is a citizen of Bangladesh will be eligible to be employed by the republic.

Aspia has been living in Barishal for more than 15 years though her ancestral home is in Bhola. Meem's ancestral home is in Bagerhat but her family has been living in Khulna for more than 32 years.

Despite topping in the written exam, viva and other recruitment processes, the two candidates have been barred from joining police for not having a permanent address.

"There is no law in Bangladesh that says an individual must have a permanent address to get a government job. Rather, the constitution says no citizen shall face any discrimination in public recruitments," noted jurist Shahdeen Malik told The Business Standard.

He said the mandatory permanent address for police jobs is rather a "discriminatory tradition" that dates back to the British period.

"In many districts, thousands of families lost their homes in river erosion. Many of those families have sons and daughters who got educated and joined public services later. For them, landlessness was not an issue," he added.

AKM Shahidul Haque, former inspector general of Bangladesh Police, said the police constable intake is similar to other public recruitment. But separate recruitment notices are issued for separate districts.

Referring to a home ministry directive, he said the candidate must be a permanent resident of the district to qualify for the district-wise circular.

Barrister Jyotirmoy Barua referred to the Birth and Death Registration Act, which says a citizen of the country will be considered as a permanent resident of a district only if he has lived there for three years.

This means Aspia and Meem are permanent residents of Barisal and Khulna, and they, according to home ministry conditions, qualify for Barisal and Khulna district-wise constable circular. But the reality contrasts the law.     

Jyotirmoy Barua said if Aspia and Meem are barred from joining police, they will be able to take legal recourse in the High Court.

Aspia passed the written, viva, and health tests with flying colours. Before the final step of joining, a district police verification report listed her as "landless". Aspia was told that she would not have a job as she does not have a permanent address.

However, Barisal Superintendent of Police Maruf Hossain told The Business Standard on Sunday that the final results regarding the recruitment of Aspia have not been released yet, and the recruitment will not contradict the constitution.

Khulna Superintendent of Police Mohammad Mahbub Hasan has recently told the media that it is not correct that Meem was not getting the job due to her residential status.  

"She did not get the job as she was found unfit in a health test," claimed Mahbub.

However, Meem said her results in all the tests were okay. "Khulna Additional Superintendent Tanvir Ahmed told me that everything was alright but they are unable to give me the job as I do not have a permanent address in Khulna," she added.