SC scraps NHRC staff promotion rules
KATHMANDU: The Supreme Court today declared null and void a provision of the National Human Rights Commission (NHRC) ruling that it was in conflict with the Interim Constitution of Nepal, 2007.
A three member special bench of justices Ram Prasad Shrestha, Tahir Ali Ansari and Mohan Prasad Sitaula issued the verdict.
The bench scrapped the NHRC initiative at promoting 74 temporary staff into permanent positions.
The bench declared that Rule 4 of the NHRC Rule, 2001 was inconsistent with Article 13 of the Interim Constitution, thus, the provision was scrapped.
The bench further argued that despite the constitutional provision to give equal opportunity to every citizen to compete for the public post, the NHRC had tried to appoint its temporary staff in dozens of permanent positions.
With a view to providing a chance to its temporary staff to fight for the permanent post, the NHRC had amended the regulation in 2009.
Responding to a Public Interest Litigation filed by advocate Meena Khadka challenging the NHRC’s decision to promote temporary staff on July 7, the Supreme Court had ordered the NHRC to stop the process.
The bench also told the NHRC to begin with fresh appointment drive giving equal opportunity to every qualified person to contest for the post openly.
Under pressure from its staff, the NHRC had forwarded the process of promoting its temporary staff to permanent posts by amending its regulations, notwithstanding the objection raised by the Public Service Commission and the Office of the Prime Minister and Council of Ministers.