The parliamentary committee has concluded that Tribhuvan University, the oldest and largest academic institution of the country, has been committing irregularities by issuing dozens of regulations, procedures and guidelines against the laws and regulations.

The Public Policy and Delegated Legislation Committee of the National Assembly studied the situation regarding the implementation of the Tertiary Education Act 2049. The conclusion of the study report of the parliamentary committee is that the officials of the University abused their authority and arbitrarily issued procedures, regulations, work systems from the executive council and caused irregularities and obstruction in the rule of law. In the report submitted by chairman of the

committee to chairman Narayan Prasad Dahal, it has been suggested that the delegated legislations of the university should be deactivated and included in the laws and regulations as they have not been issued by the authorized body.

He said that it was found that TRI has arbitrarily issued rules and guidelines beyond the original law. The issued rules, guidelines and laws of the university did not seem suitable. It was found to be arbitrary. The service facilities of officials, professors and employees have also been increased and assigned by themselves," he said.

He said that he has suggested the University to make laws and rules according to the constitution. Sharma said that the report has been submitted to the National Assembly for discussion. He said that because the Act issued in 2049 is old, there are challenges in its implementation. He said that after the discussion, the assembly will direct the government and the university to improve.

The Tertiary Act does not empower the Executive Council to pass delegated legislation. The committee pointed out that since 2070, 35 regulations, 19 work systems, 17 guidelines and 16 procedures have been issued by the Executive Council. Although such regulations passed by the Executive Council should be passed and implemented by the University Assembly, it is said that the University has not followed them. It has been pointed out in the report that the act of determining the remuneration, service conditions and facilities of the officials themselves by making regulations is not according to the law. 

"As it is not lawful to make a regulation to determine your own salary, service conditions, and facilities, such matters should be mentioned in the regulations," the report said. Funds such as employee welfare, medical treatment, employee stipend, etc., which are financially burdensome to the university, have been regulated and established. It has been pointed out that such matters which are not mentioned in the

Act, Rules should be arranged in the Act itself. The committee said that the regulations were issued without making clear provisions in the rules to implement the purpose of the Act.

In addition to the Tertiary Act, Teachers, Staff Service Rules 2050, Organization and Educational Administration Rules 2050, Financial Management and Procurement Rules 2050, Decentralization Rules 2055 and Autonomy Rules 2062 are active.

In addition, the working council has issued 5 regulations for the implementation of rules related to teacher staff service, 27 regulations under the rules related to organization and educational administration. The report points out that the delegated authority has been re-delegated by keeping clear provisions in the rules. 

The committee believes that the prevailing regulations, procedures, and guidelines ignore the principles of law formulation. It is mentioned in the report that the provision of such legislations to be published in the Gazette and registered with the Ministry of Law has not been implemented by the University. The attention of the Ministry of Education, Science and Technology has been brought to the attention of the Ministry of Education, Science and Technology when it was reminded by the Provisions Committee of the Legislation Act 2081 that legislations that have not completed the process will be automatically repealed within one year. The

committee has suggested that the Tertiary Act is 31 years old and is not compatible with the new constitution. "Although the Tertiary Act has been amended by 2077, it is not possible to solve the problem of Tertiary University by amending the Act," the report says, "Since the new constitution has been issued, it is necessary to reorganize the structure of the Tertiary University according to the constitution, so it is necessary to bring a new law." The draft of the higher education bill prepared by the Ministry of Education reaches the Cabinet and comes back. The parliamentary committee has suggested to the government to proceed with the process of drafting the law related to universities.

It has been recommended to make arrangements to fill the posts of Vice-Chancellors and other officials 3 months before the vacant posts are made. Although the Vice-Chancellor has been vacant since March 15, the government has not been able to appoint him.

Even though there is a provision in the law to appoint vice-chancellor and other officials within 3 months of their vacancy, it has not been implemented. The Parliamentary Study Committee has suggested that a legal provision be made to fill the posts three months in advance for ease of work.

TRIV Vice Chancellor Khadge KC said that he agreed with the report of the National Assembly in principle. He commented that since the previous officials had issued dozens of procedures, regulations and guidelines, even the University was not aware of them. There is a need to form a separate commission to search for these dozens of documents. We are trying to integrate rules that are inconsistent with the law, conflicting, and repeated.'