Your Fundamental Rights under Article-27 in the High Court
Fundamental Rights under Article-27 (equality before law):
When the Government, statutory bodies, or authorities violates the principle- “all citizens are equal before law and are entitled to equal protection of law”- through "arbitrary" or "discriminatory" actions, a citizen can file a Writ Petition under Article 102.
Matters and Issues under Article 27 for which a Writ Petition can be filed:
Class Legislation or Discriminatory Laws
When parliament passes a law for a specific group of people with special privileges, it violates the principle of equality.
Issue: A law or provision that creates a "privileged class" of citizens.
Practical Example: The Anti-Corruption Commission (Amendment) Act 2013 originally required the ACC to get "prior permission from government" before filing cases against public servants, while no such permission was needed for other citizens.
Result: The High Court declared this provision void because it violated Article 27 by treating public servants as a "superior class" before the law.
Discrimination in Public Employment & Service Matters:
This is the most common area for Article 27 writs. It covers recruitment, promotion, seniority, and termination. When the government sets arbitrary criteria that exclude certain citizens, it violates "equal protection of law." Writ Petition can be filed on the ground of discrimination as to recruitment, promotion, and termination in employment.
Issue: Arbitrary exclusion from a job or unfair denial of promotion.
Example: A government job circular mandates that only candidates from a specific district can apply for a national-level administrative post without any specialized local requirement.
Result: An aggrieved candidate from another district can file a Writ of Mandamus to cancel the circular, as it discriminates based on the place of birth.
Arbitrary Administrative Actions or Doctrine of Arbitrariness:
Equality before law means all citizens have to be treated without discrimination, unfairness and prejudice. If a public authority like RAJUK, the City Corporation, or a Ministry makes a decision that affects one person's rights differently than another's in the same situation, it is considered arbitrary.
Issue: Giving a benefit to one person while denying it to another in identical circumstances.
Example: Two neighbors apply for a building permit under the same rules. The authority grants one permit but rejects the other without due process.
Result: The rejected neighbor can file a Writ of Certiorari to quash the rejection order, citing a violation of the "equal protection of law."
Gender-Based Discrimination:
Any state action or rule that treats men and women differently without a biological or logical necessity is challengeable.
Example-1: In Dalia Parveen vs. Bangladesh Biman, the retirement age for male stewards was 45, while for female stewardesses, it was 35.
Example-2: Two companies apply for a government contract/tender. Both meet all the technical and financial criteria. The government awards the contract to the company that bid a higher price, ignoring the lower-priced qualified bidder without any explanation.
Result-1: The High Court struck down this rule as discriminatory and unconstitutional under Articles 27 and 28.
Result-2: The aggrieved bidder can file a Writ of Certiorari to quash the award, citing that the State’s action was arbitrary and violated the right to equal treatment.
Unequal Treatment in Education & Admission:
Matters regarding admission to public universities or medical colleges where "quota" systems or entry requirements are applied unfairly.
Issue: Applying admission rules inconsistently.
Example: If a public university suddenly changes the admission criteria after the exam has been held, favoring a specific group of students who didn't qualify under the original rules.
Legal Outcome: The affected students can file a Writ to compel the university to follow the original, uniform criteria.
MD. KAMRUZZAMAN
Advocate, Supreme Court of Bangladesh
And
Fundamental Rights Activist