Stay order against forced admission of children in community schools

2018-05-24

Republica National Daily

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KATHMANDU, May 24: The Supreme Court (SC) on Wednesday issued a stay order against the compulsory admission of public office holders' children in community schools. 

A division bench of justices Hari Krishna Karki and Sapana Pradhan Malla issued the order. 
Chapakot Municipality of Syangja District had introduced the compulsory provision for admitting the children of public service holders to community schools for the first time. 

However, the decision was challenged at the apex court by a local, Dilliraj Acharya, claiming that the decision violated the right to quality education of children of those government staffers.

The municipality, some few weeks ago, had issued a mandatory notice to government staff and teachers to admit their children to community schools to ensure the public's trust towards the such schools. The municipality also warned the public office holders and the teachers of depriving various facilities and allowances if they did not admit their children to community schools. 

The apex court termed the decision of the municipality against the right to education ensured by the Constitution of Nepal and Child Right Act, 1992. The bench stated that the guardians have to guarantee proper personal and educational development of their children and that they have the right to select the school of their choice on the basis of the quality of education. 

Henceforth, no one can impose compulsion for admitting children to any school.

According to the apex court, Article 31 of the constitution has ensured basic right to education for every citizen and Article 39 has ensured the right to education, appropriate care, and entertainment and overall personal development for children. 

Therefore, such rights should not be undermined for any reason. 

Likewise, Section 23(1) and (2) of Child Rights Act, 1992 also guarantees protection to every child by their parents for intellectual development by ensuring education according to their choices.