The Supreme Court has barred the ward president and members from becoming the president of the school management committee. The Supreme Court said that instead of becoming the president of a school, the representative of the people should be responsible for the monitoring and educational management of all the schools within the ward.

Some local levels, including the Kathmandu Metropolitan City, have been giving the responsibility of chairman of the management committee to the ward president or a member appointed by him by making laws.

Kathmandu Metropolitan City amended the Local Education Act 2075 in 2080 and provided that the president of the respective ward or a member of the ward appointed by him shall be the president of the school management committee.

The chairman of the management committee of 17 schools went to the Supreme Court in August 2080 demanding the cancellation of the decision. At the same time, the Supreme Court ordered them to return to work while conducting a preliminary hearing on the writ. The reasoning of the court was that before the dismissal, a hearing and an opportunity to be acquitted should be given.

The Constitutional Bench of Chief Justice Vishwambhar Prasad Shrestha, Justices Prakashanman Singh Raut, Sapna Pradhan Malla, Prakash Kumar Dhungana and Kumar Regmi decided on July 16 that the people's representative including the ward president cannot become the chairman of the school management committee. The full text of the verdict was released on Tuesday. 

The constitution has given the right to secondary education to the local level. In that judgment, the Supreme Court has explained that the federal law should not be adversely affected when the law of the single jurisdiction of the local level is made.

There is also a limit on matters related to single rights at the local level. This right is not absolute but subject to federal and provincial laws. The federalism envisioned by the constitution is based on the principles of cooperation, coexistence and coordination. Therefore, the local level should follow these principles while enacting laws," the full text of the judgment says.

Arguing that the elected ward president should not become the chairman of the school management committee, the Supreme Court has said, 'An important basis of good governance is the principle of separation of duties. The same person cannot be both the monitor and the monitored. This creates a conflict between duty and interest. There can be no effective monitoring.

It is also mentioned in the judgment that the ward president should not be distracted from the main work as he has to monitor, evaluate, form the local education committee, conduct examinations and monitor the school.

It is also pointed out in the Supreme Court's judgment that the meaningful participation of stakeholders should be ensured when the local level makes laws. The Supreme Court has said that since the local government is the closest government to the people, it should practice good democracy.