High Court questions tribal hiring priority in Khagrachhari Hill District Council

STAFF REPORTER

The High Court has asked the government to explain why provisions granting priority to tribal residents in recruitment at the Khagrachhari Hill District Council should not be declared unconstitutional.

A bench of Justice Md Akram Hossain Chowdhury and Justice Fayez Ahmed issued the rule on 31 July after hearing a writ petition filed under Article 102 of the Constitution.

The petition argued that exclusive priority for tribal candidates contradicts constitutional guarantees of equality and non-discrimination, particularly under Articles 26, 27, 28, 29 and 31. It also challenged Section 32(2) of the 1989 Hill District Council Act, Rule 4(2) of its regulations, and a 12 June 2025 job circular that gave preference to tribal applicants.

Petitioner Md Asad Ullah, a resident of Khagrachhari Sadar and general secretary of the Parbatya Chattogram Somo-Odhikar Andolon, said the system had long disadvantaged the majority Bengali population in local recruitment. He argued that while a 1.0 % quota for tribals exists nationwide, in the Hill Tracts “every job circular still gives priority only to tribals,” leaving Bengalis excluded.

The court directed the Ministry of Chittagong Hill Tracts Affairs, the Local Government Division, the Law Ministry, the Khagrachhari Hill District Council, and the Khagrachhari Bazaar Fund Administrator to respond within four weeks.

Deputy Attorney General Md Mahfuzur Rahman, Deputy Attorney General Khan Ziaur Rahman and Assistant Attorney Generals Al-Faisal Siddiqui and Md Imdadul Hanif represented the state.

The case has revived long-running tensions in the Chittagong Hill Tracts, where Bengali groups say tribal hiring preferences amount to discrimination in job competition.

Observers note that the court’s verdict could influence recruitment policies across the Hill Tracts and help set a balance between constitutional rights and local priorities.