MoE registers vacate against SC's interim order in Kathmandu National Medical College Case

2017-11-07

edusanjal

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Kathmandu, Nov 7 (RSS): The Ministry of Education on Tuesday registered a petition seeking scraping of an interim order relating to the affiliation process involving the Kathmandu National Medical College (KNMC) issued earlier by the Supreme Court. 

The ministry's Spokesperson Dr Hari Lamsal registered the petition through the Office of the Attorney General. Earlier on October 25, the apex court directed non-implementation of the decision of the Tribhuvan University not to grant affiliation to the college. A single bench of Justice Dambar Bahadur Shahi issued the order without calling the prosecutor for discussions over a writ petition filed in this connection by the owners of the medical college. 

Executive Council of Tribhuvan University had issued affiliation to the college on July 27. However, TU had decided to scrap the affiliation following an agreement reached with Dr Govinda KC, who staged his 12th hunger strike to pressure the government to bring reforms in the medical sector. The TU meeting held on September 6 decided to scrap the affiliation issued on July 27.

Ministry of Education has claimed that Tribhuvan University, that had granted the affiliation previously, has itself withdrew the decision and cited that there was one-sided hearing for which the ministry has demanded a scrap of the interim order.

MoE has registered the vacate through the Office of Attorney General on Tuesday demanding a scrap of the interim order of the SC on October 25, informed Dr Hari Lamsal,  Joint Secretary and spokesperson of the Ministry.

Vacate is a government application demanding a scrap of the verdict issued by the court. According to 41 (3) of Supreme Court regulation, one can register vacate if the apex court issues interim order on one-sided hearing or if the next party could not take part in the hearing citing any reasons. Likewise, it is mentioned that the apex court can amend or scrap the order depending on the situation.