KATHMANDU, MAY 18
The Supreme Court has released the full texts of its verdict delivered in a case filed by Tharu activists against the Public Service Commission and others demanding reservation for Tharu in government jobs, ordering the government to enact and implement a new federal civil service law within nine months from the date the defendants get the notice of the court verdict.
Stating that no reason, neither executive nor legislature wisdom, or any other reason could justify delay in the implementation of affirmative action, which has been accepted as fundamental right, the division bench of Justices Bishowambhar Prasad Shrestha and Ananda Mohan Bhattarai said the new federal civil service bill should be enacted and implemented within nine months.
The bench said that the government did not enact a new federal civil service all these months despite the apex court order to the government.
The Supreme Court has directed the government to make changes or enact new laws to allocate seats for all clusters that qualify for reservation in government jobs, including the Tharu community, within nine months.
The apex court refused to cancel government job advertisements as demanded by petitioners, but ordered the defendants, including the Public Service Commission, provincial public service commissions, the Office of the Prime Minister and Council of Ministers, the Nepali Army, and Nepal Police to allocate seats for Tharus in the 023-24 fiscal year adding seats in government bodies that they would lose this fiscal year.
The SC issued a writ of mandamus in response to a writ petition filed by Tharu activists, including office bearers of Tharu Kalyankarini Sabha.
The court said that the government's argument that Tharu applicants could apply for jobs under other categories was not in consonance with the constitutional provision.
Necessary laws should be enacted immediately to allocate seats for all groups and communities that qualify for such benefits, the SC observed.
The SC said the legislature could fix criteria to exclude those people of clusters qualifying for reservation who have already achieved progress and who do not need reservation in government jobs as that would be in consonance with the constitutional spirit.
The bench also reminded the government that Article 47 of the constitution had mandated the government to make necessary laws within three years to enable people to enjoy their fundamental rights but the government had not enacted the federal civil service act in three years.
The SC had passed the order on February 7.
A version of this article appears in the print on May 19, 2023, of The Himalayan Times.
