The High Court today questioned the government's decision to not appoint 38 candidates who qualified the 39th Bangladesh Civil Service (BCS) exams but were not recruited as assistant surgeons and assistant dental surgeons.

The court issued two separate rules asking the government authorities concerned to explain why their decision should not be declared illegal and why they should not be directed to appoint the 38 candidates.

Secretaries to the ministries of public administration and finance, chairman of Public Service Commission (PSC) and its secretary were made respondents to the rule, which is returnable in four weeks.

The bench of Justice FRM Nazmul Ahasan and Justice KM Kamrul Kader came up with the rule following two separate writ petitions filed by the 38 deprived candidates challenging the legality of the government's decision to not appoint them.

Deputy Attorney General Abdullah Al Mahmud Bashar and Assistant Attorney General Md Saiful Alam represented the state.

For the posts of assistant surgeons and assistant dental surgeons, the PSC had recommended about 4,792 qualified candidates to the government, petitioners' lawyer Advocate Mohammad Siddique UIlah Miah told The Daily Star.

However, the public administration ministry decided to appoint 4,629 candidates through three separate gazette notifications on November 18 and December 8 last year, and January 20 this year, depriving the 38 candidates without any reason, he added.

The deprived candidates filed the two writ petitions with the HC on February 13, challenging the government's decision to overlook them in spite of PSC recommendations.

Earlier on January 29 this year, another HC bench directed the government to appoint 27 candidates, who passed the 34th and 35th BCS exams but were not appointed, at their respective posts within 60 days of receiving the judgement.