Kathmandu: In what may be termed as a judicial intervention in favor of the students of public schools, the Supreme Court of Nepal on Thursday issued an order to the government to create a conducive atmosphere for the teachers of public schools to return to their duties within three days.
The teachers of public schools across the country are in the streets of Kathmandu protesting against the government demanding the Education Law that addresses their demands.
Their demands, among other things, include ensuring permanent status to teachers serving in temporary status of various kinds and perks and benefits in parity with the civil servants.
The government has claimed that not all of the demands of the teachers are just and it falls short of resources to fulfill all of them.
Regarding the demand for permanency for the temporary status teachers, experts have raised the issue citing that such a move goes against the principle of meritocracy as it bars university graduates from participating in competency tests that the Teacher Service Commission holds to recruit permanent teachers in public schools.
Teacher protest has put the future of millions of children, mostly from poor economic backgrounds and deprived communities, in an uncertain situation. While classes in private schools have already started, enrolment process in public schools has stalled and millions of children have been compelled to stay at home due to teacher protest that has continued for over three weeks.
‘Court order is positive’
“Actually, the government should have been able to negotiate with teachers and be able to tell them to return to duty. The government failed to do so and appeared insensitive to the right of public-school students to education. The court verdict is positive because it clearly states that neither the government nor the protesting teachers have the right to deprive the students’ right to education. Now the verdict allows the government to address the legitimate demands of the teachers by presenting its limitations, if any, and refrain from addressing some unfair demands such as the one related to granting permanent status to temporary teachers without open competition. It remains to be seen how the government will act on court’s order but it has created a positive condition for the government to address just and valid demands of the protesting teachers within the parameter of the constitution making it easier for the government to clearly tell the protesting teachers that not all of their demands are legitimate and pragmatic.”
Baburam Bishwokarma
Analyst/commentator
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