Advocates Deepak Raj Joshi and Anil Acharya had filed a writ petition on June 10, alleging that the government's decision had affected the education and health sectors.
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The Supreme Court has refused to issue an interim order on a writ petition against the government's decision to grant a holiday on Sunday. A bench of Justices Abdul Aziz Musalman and Nityand Pandey refused to stay the government's decision to grant a public holiday on Sunday.
Advocates Deepak Raj Joshi and Anil Acharya had filed a writ petition on Jestha 26, alleging that the government's decision had affected the education and health sectors.
The Government of Nepal, the Office of the Prime Minister and Council of Ministers, the Ministry of Education, Science and Sports, and the Education and Human Resource Development Center have been named as respondents in the writ petition. The Supreme Court rejected the interim order after giving priority to the arguments of the government and the writ petitioner.
The writ petition claims that the government's decision to grant two days of holiday in a week has adversely affected the national curriculum, curriculum and credit hours of school education. The petitioner claims that although the Education Regulations, 2059, stipulate that schools should be open for at least 220 days in an academic session, giving two days off a week will make it difficult to achieve that day and will have a direct negative impact on students' learning.
The petitioners claim in the writ that it is constitutionally and legally flawed for the federal government to issue a mandatory two-day holiday based on a policy decision without any coordination with the local level, citing that basic and secondary education falls under the sole jurisdiction of the local level in Schedule 8 of the Constitution of Nepal.
The writ states that the government's decision has also created confusion in the preparation of the work schedule for the academic session 2083. The writ also seeks an interim order pursuant to Rule 49 of the Supreme Court Rules, 2074, to not implement Sunday holidays in the case of educational institutions until the final decision on the writ petition is made. The writ claims that decisions made on a sensitive subject like education without a thorough analysis of the curriculum and course load will make it difficult to complete school and university level courses and will lead to a decline in the overall quality of education.
