Local bodies have no right to appoint teachers: SC

Published On: May 5, 2018 02:05 AM NPT

KATHMANDU, May 5: The Supreme (SC) has ordered that the local units do not have the authority to appoint teachers at schools by enacting rules on their own.

A single bench of justice Tanka Moktan on Wednesday categorically said that only the central government has the authority to appoint teachers as per the existing Education Act 1992 and Education Rules, 1992.

The apex court handed down a stay order in response to a writ petition filed challenging the appointment of the headmaster of Uttarganga Secondary School of Burtibang, Baglung District. The court issued the text of the order on Friday.

Dhorpatan Municipality formulated what it called the 'Education Rules' and appointed Ishwori Prasad Paudel as the headmaster of the school. But Chuda Bahadur Kunwar, a member of the board of directors of the school, challenged the municipality's decision at the apex court five days ago.

The municipality had claimed that it had enforced the Education Rules by invoking Section 11(2)(H) of the Local Government Act, 2017. The apex court, however, quashed the decision of the municipality ruling that the municipality did not have the authority to enact the Rules.

The bench also stated that this power is vested with the central government. 

Also drawing initial conclusion that the local level governments do not have the right to enact such rules, the apex court issued a stay order preventing Paudel from working as the headmaster of the school. The bench stated that the local governments cannot intervene with the authority of the board of directors of the school against the Education Act, 1992 and Education Rules 2002.

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