The 'Ordinance to Make Special Provisions Regarding the Removal of Public Officials, 2083' issued by President Ram Chandra Poudel on Saturday has created a stir in dozens of public bodies. With the amendment of 110 laws by the ordinance, more than 1,200 officials of various universities, institutes, foundations, authorities, councils, funds, and commissions have been removed from their posts at once.

The ordinance has made a provision that officials appointed before 12 Chaitra in various public bodies will be automatically removed from their posts, regardless of the terms, facilities, or remaining term of office. 'Notwithstanding anything written elsewhere in the prevailing law, public officials appointed and in office before 12 Chaitra 2082 as per the schedule (110 laws in the schedule), regardless of the terms, facilities, and term of office specified in the appointment of public officials, such officials will be automatically removed from their posts after the commencement of this ordinance,' the ordinance states.

This decision taken by the government on Chaitra, which was made by the Rashtriya Swayamsevak Sangh (RSS) after winning almost two-thirds of the seats in the House of Representatives elections on March 21, is the biggest ever in the field of public service delivery. The appointments made by the Sushila Karki-led government formed after the Gen-G movement have also been revoked by the ordinance.

The ordinance states that – Notwithstanding anything written elsewhere in the prevailing law, public officials appointed to public bodies before March 21, 2082 and in office as per the schedule (110 laws in the schedule) shall be automatically relieved of their posts after the commencement of this ordinance. The ordinance has had the greatest impact on education, health and public service providers. The boards, chief executives and policy-making levels of institutions including Nepal Electricity Authority, Tribhuvan University, BP Koirala Institute of Health Sciences, Nepal Airlines Corporation, Gorkhapatra Corporation have all been vacant at once. There is also a leadership vacuum in regulatory and service-providing bodies ranging from medical education, nursing, engineering, cooperatives, electricity regulation, insurance, information commission to the University Grants Commission.

Since many institutions do not have decision-makers, regular services are being affected. If the posts are not filled immediately, there is a risk of administrative decisions, service delivery and long-term policy work being disrupted. The government has not made it clear when and through what method the posts will be filled.

Although the ordinance on amendments to some Nepal Acts sent to the President's Office on Tuesday contains provisions for some new appointments, not all bodies are included. Among those that have reached the President's Office, some of the ordinances on amendments to the Nepal Acts and the Constitutional Council are yet to be issued. The President is concerned with the decision-making process provisions in the ordinance on the Constitutional Council. An official from the President's Office said that some of the ordinances on amendments to the Nepal Acts, which were brought to amend 20 acts, are likely to be issued on Sunday.

According to the official from the President's Office, there is no clear provision regarding new appointments in the ordinance issued on Saturday. 'Another ordinance seems necessary to complete it,' he said.

The chairperson and members of the Commission on Investigation of Enforced Disappearances and the Truth and Reconciliation Commission, formed under Section 3 of the Commission on Investigation of Enforced Disappearances, Truth and Reconciliation Act, 2071, have also been relieved of their posts. Ten officials, including the chairperson, were appointed to both these commissions a year ago.

Hitendradev Shakya, the executive director of Nepal Electricity Authority, which has become the center of the most politicization, and all the members of the board have been relieved of their posts. The KP Sharma Oli-led government had replaced Kulman Ghising and appointed Shakya. Shakya was removed again after Ghising himself became the minister of the Talukdar Ministry in the government formed on the basis of the Gen-G movement. But the Supreme Court ruled in favor of Shakya in a writ petition filed alleging illegal removal.

The main bodies removed from the ordinance include the chairman and members of the Telecommunications Authority, members of the Civil Aviation Authority of Nepal, vice-chairman and members of the Nepal Tourism Board, executive director and members of the Urban Development Fund, and executive director and members of the Industrial Business Development Foundation. Similarly, the National News Committee, Employees Provident Fund, Gorkhapatra Institute, Film Production, Exhibition and Distribution, Guthi Institute, Administrative Training Foundation, Lumbini Development Fund, Pashupati Area Development Fund, Technical Education and Vocational Training Council.

The officials of the Kathmandu Valley Development Authority, Drinking Water Corporation, Citizen Investment Fund, Press Council, Agricultural Research Council, National Dairy Development Board, National Tea and Coffee Development Board, and Social Welfare Council have also been relieved of their posts. Nepal Scout, Minimum Wage Determination Committee, Janakpur Area Development Council, National Foundation for the Upliftment of Indigenous Peoples, Road Board, Securities and Exchange Board, Review Committee under the Public Procurement Act, Foreign Employment, Nepal Academy of Sciences, Electricity Regulatory Commission, Insurance Act and Security Printing.

The ordinance brought by the government has removed the vice-chancellors, registrars, presidents and other officials of all universities and health science institutes and these related regulatory bodies. The appointment of the chairman, member secretary and nominated members of the National Examination Board has been revoked by amending the Education Act 2028. The post of chairman of the board Mahashram Sharma has become vacant after completing his 4-year term.

There is a provision for the ministry to appoint the member secretary of the board from among senior employees. Similarly, there is a provision for the board to appoint three members, including two women, from among educationists and two board members from among the principals of private and community schools by the ministry. The amendment to the Education Act also removed the chairman of the Teachers Service Commission, Madhu Prasad Regmi, members Pavitra Subedi and Ram Sharan Sapkota. There is a provision for their appointment based on the recommendation of a committee coordinated by the chairman of the Public Service Commission.

Tribhuvan University Vice-Chancellor Deepak Aryal, Rector Khadga KC, and Registrar Kedar Rijal have also been removed from their posts. But they had resigned from their posts after the news of their removal from the ordinance. Other than ex-officio members of the TU Assembly, others have also been removed. TU Service Commission Chairman Ghanshyam Bhattarai and member Ajay Bhattarai have been removed from their posts. There is a provision for their appointment by the Prime Minister and the Chancellor. They are appointed based on the recommendation of a committee chaired by the Minister of Education and the Vice-Chancellor.

Other than nominees and ex-officio members of the TU Executive Council and Academic Council have also been removed from their posts. There is a provision for the Vice-Chancellor to appoint 2 from the deans and 2 from the professors of the university to the Executive Council. After the appointment of the Vice-Chancellor, Rector, Registrar and nominated members were also revoked, the Executive Council has zero members. The deans, campus heads and professors nominated to the Academic Council have also been removed.

The appointments of Kathmandu University (KU) Vice-Chancellor Achyut Wagle, Registrar Rajiv Shrestha and deans of all seven schools have been revoked. Although there is a provision for the mayors of Dhulikhel and Banepa municipalities to be members of the assembly in KU, they have been removed. University Grants Commission Chairman Devraj Adhikari, Secretary Gyan Bahadur Thapa and appointed members have also been removed from their posts.

The vice-chancellors and registrars of all universities that are Prime Ministers, including Purbanchal, Pokhara, Nepal Sanskrit, Agriculture and Forestry, Mid-West, Far-West, Lumbini Bouddhana, Rajarshi Janak, etc. have been removed from their posts. Similarly, the office bearers of Yogmaya Ayurveda, Shahid Dashrath Chand Health Sciences and Madanbhandari University, including the vice-chancellor, have been removed from their posts through an ordinance. The deans and directors of some universities and the chairmen of the service commission have also been removed from their posts.

Binju Kumar Thapaliya in the Eastern Region, Hemraj Pant in the Far West, Bedraj KC in Pokhara, Sharada Thapaliya in Agriculture, Dhruv Kumar Gautam in the Midwest, Suvarna Lal Bajracharya in Lumbini, Rajendra Dhawaj Joshi in Madanbhandari University, Dhaneshwor Nepal in Sanskrit and Ramesh Kumar Dhungel in Yogmaya University were the vice-chancellors.

The vice-chancellors and office bearers of all the health sciences institutes have been removed from their posts through an ordinance. The vice-chancellor of the National Institute of Medical Sciences, Bhupendra Kumar Basnet, as well as the rector, registrar and dean, have been removed from their posts. BP Koirala Institute of Health Sciences Vice Chancellor Bikram Prasad Shrestha, along with the Rector, Registrar and Hospital Director have also been removed from their posts.

The Vice Chancellors and other officials of Patan, Pokhara and Karnali Institutes of Health Sciences have also been removed from their posts. As per the provisions of the ordinance, Patan Vice Chancellor Buddhi Prasad Poudel, Rector Sirjana Shrestha, Registrar Paras Prasad Acharya, Dean Nevisman Singh Pradhan and Hospital Director Ravi Shakya have been removed from their posts. Karnali Vice Chancellor Pujan Kumar Rokaya, Rector Double Bahadur Dhami and Registrar Laxmichandra Mahat have also been removed from their posts. Pokhara Vice Chancellor Bharat Bahadur Khatri's term has also ended.

Shaheed Gangalal National Heart Disease Center Executive Director Ravi Malla, BP Koirala Memorial Cancer Hospital Chairman and Executive Director have also been removed from their posts. The ordinance has also removed the office bearers of Nepal Medical Council, Nepal Health Research Council, Nursing Council, Ayurvedic Medical Council, Pharmacy Council, Nepal, Health Professionals Council, Nepal Veterinary Council, Nepal Academy of Science and Technology, Nepal Agricultural Research Council.

The office bearers of Nepal Academy of Fine Arts, Nepal Academy of Music and Drama, Nepal Academy of Arts and Sciences, and the Vice Chancellor of Nepal Academy of Arts have also been removed from their posts. Chancellor Bhupal Rai, Vice Chancellor Bimal Krishna Shrestha and Dhan Prasad Subedi were members of the Academy. The ordinance mentions their removal.

Vice Chairman of the Medical Education Commission Dr. Anjani Kumar Jha and four directors have been removed from their posts. There is a provision that the Prime Minister will be the chairman of the commission. The members including the Chairman of the Nepal Medical Council Dr. Choplal Bhusal have been removed from their posts. The ordinance mentions the removal of members including Nursing Council Chairperson Munakumari Thapa and Registrar Shukla Khanal from their posts. The appointments of members including CTEVT Member Secretary Mahesh Bhattarai have also been cancelled.

A large vacancy at once can create confusion, the appointment process should be clear to remove confusion, work may be affected as it takes a long time to make new appointments at the bottom: Bhim Prasad Subedi, Former Chairman, University Grants Commission Former Chairman of the University Grants Commission Bhim Prasad Subedi said that the decision should be taken positively, assuming that the government removed the posts with good intentions. ‘A large vacancy at once can create confusion.’ The appointment process should be clear to remove confusion,’ he said, ‘Even if only the top posts were removed, it would have happened.’ It may take a long time to make new appointments at the lowest level, which may affect the work.'