There has been another dispute between the federal and local governments over the jurisdiction of school education. The federal government has amended the Education Act 2028 through an ordinance to remove supporters and donors from the membership of the school management committee. Disagreeing with the provision, the local level has accused the federal government of interfering in its jurisdiction.

The federal government has amended the Education Act to remove two members from the school management committee. The provision in Section 12 of the Act, which states that ‘there shall be two members, including one woman, nominated by the school management committee from among the founders of the school, local intellectuals, education enthusiasts, people who have continuously supported the school for 10 years, or those who have contributed cash or in-kind support to the school of Rs. 1 million or more,’ has been removed through the ordinance.

Schools are in dilemma due to different decisions and laws of the federal and local governments regarding the operation of the academic session, student admission, Sunday holidays and the management committee. The federal government’s move has interfered with the formation of the school management committee under the sole authority granted to the local level up to the secondary level by the constitution, according to the Municipal Association and the Federation of Rural Municipalities. They have appealed not to remove the nominated donors and supporters from the school management committee, stating that the provision cannot be implemented. The Local Government Operation Act 2074 BS assigns the responsibility for the formation and management of the school management committee to the local government.

Municipal Association President Bhim Prasad Dhungana and Rural Municipality Federation President Laxmi Devi Pandey have issued a joint statement informing that the provision made by the ordinance cannot be implemented. 'The issue of how to form the management committee of basic and secondary schools will be implemented by the relevant local government according to the local context and needs,' the statement said. 'Currently, most local governments are regulating the management committee by issuing the Local Education Act.'

Earlier, in Baisakh, differences were seen between the federal government and the local level on the issues of operating the academic session, student admission, setting and regulating fees and giving Sunday holidays. The local level had already started admission and teaching, defying the central government's circular to admit students from 15th Baisakh and to start classes from 21st. Some local levels have been operating schools by rejecting the decision to grant Sunday holidays.

Schools complain that they are in a dilemma due to different decisions and laws of the federal and local governments on the issue of school education. Rajkumar Shrestha, the chairman of Siddiganesh Mavi in ​​Gagalphedi, Kathmandu, complained that community schools are caught in the crossfire of the conflict between the federal and local governments. 'The local government gives one instruction. The federal government gives another instruction. No matter which government comes, the work of turning schools into laboratories has been done,' he said.

He said that schools are confused about whether to follow the federal or local level on the issue of conducting academic sessions, Sunday holidays, and forming management committees. Shrestha commented that the federal government has further distanced schools from the community by removing donors and supporters from the management committees. ‘A community school cannot function without the support of the community. It would have been better if there had been a provision that donors and collaborators could not be the chairpersons of the management committee,’ said Chairman Shrestha.

The appeal of the Federation of Rural Municipalities and the Federation of Rural Municipalities to not implement the provisions made by the federal government to remove collaborators and donors from the school management committee. Local level public representatives have objected to the removal of the provision that people who are constantly working on the improvement of community schools and people trusted by the community should be in the management committee. The Federation of Rural Municipalities and the Municipality Association have stated that the provision to remove them is inspired by narrow-minded thinking and an attempt to further weaken community schools. In the statement, the local governments, in accordance with the constitution, have been urged not to implement the amended provisions in the Act on schools managed under the same Act by issuing the Education Act. They have demanded that the federal government withdraw the provisions of the ordinance and issue the Federal Education Act.

Educationist Tika Bhattarai commented that the federal government has encroached on the rights granted to the local level and made immature decisions. ‘The central government has escalated disputes with the local levels over small matters. Even on the issue of their jurisdiction, it has been carried out without consultation, agreement, or consultation,’ he said, ‘that the constitution had to be changed. The rights given to the municipalities had to be amended and withdrawn. Otherwise, the municipalities should respect the rights they have received and move forward together by reaching an agreement.’ Bhattarai suggests that the federal government should move forward by communicating with the local levels.

The Education Act had a provision for the school management committee to have 9 members. The ordinance has amended the act to have 7 members. There is a provision for 4 members, including 2 women, from among the parents, and one member nominated by the ward chairperson or ward member or ward committee. Similarly, there is a provision for 2 members, including the principal, from among the school teachers. While some local levels, including Kathmandu Metropolitan City, have made arrangements to make the ward chairperson the chairman of the management committee, the Supreme Court has ordered to make it from the parents.

Baburam Neupane, principal of Tarun Mavi Balaju, said that schools are in a dilemma due to different decisions of the union and the local government on the same issue. ‘We have been running them by following the union’s decision. The metropolis has also said the same. But private schools have started opening on Sundays. This is hurting community schools. Complaints from parents have started coming in,’ he said. Neupane said that there should be consistency in the decisions taken by any government regarding school operations.

Community schools are caught in the crossfire of the conflict between the federal and local governments. The local government gives one directive. The federal government gives another directive. The work of making the school a laboratory has been done  : Rajkumar Shrestha, Management Committee Chairman, Siddiganesh Secondary School, Gagalpedi, Kathmandu. In the first week of Baisakh, local level people’s representatives met Education Minister Sasmit Pokharel and reminded him that the responsibility of operating and regulating school education lies with the local government according to the constitution. They suggested that there should be necessary coordination between the level governments when making decisions and issuing circulars on matters of the sole authority of the local government.

Dhungana, Chairman of the Municipal Association, said that he met with Education Minister Pokharel, Secretary Chudamani Poudel and high officials of the ministry and requested them not to interfere in the jurisdiction, but they did not listen . ‘The municipalities started operating the school before the ministry said . The management committee arrangement is also not implemented,’ he said, ‘Interference in the authority of the local level is not acceptable .’

Ministry of Education Spokesperson Shiva Kumar Sapkota says that the Ministry of Education has amended the act and made decisions in accordance with the constitution and the law. He said that there has been continuous dialogue on issues of concern to the local level . ‘The government’s decision should be implemented . The Ministry of Education has decided in accordance with the law . The act has been amended for the purpose of the constitution . The work that needs to be done immediately,’ he said . Sapkota said that preparations are also underway to register the School Education Bill in Parliament .