Supreme Court Petition Challenges Early Admission Practices in Private Schools

Kathmandu. A writ petition has been filed at the Supreme Court demanding an immediate halt to the admission process initiated by private schools for the new academic session before the completion of annual examinations, which violates existing regulations. The petition was filed by Ayush Badal and Akash Dhakal, students at the Kathmandu University School of Law. The hearing for the case is scheduled for Chait 20.

The petition names the Office of the Prime Minister and Council of Ministers, the Ministry of Education, Science and Technology, PABSON, N-PABSON, and the local governments of Kathmandu, Lalitpur, and Bhaktapur as defendants.

According to the petition, the Education Regulations (Tenth Amendment), 2077, and local education management regulations clearly state that new admissions should only begin after the publication of annual examination results. However, several prominent schools in the Kathmandu Valley are currently conducting entrance exams, distributing forms, and enrolling students within the month of Chait.

The petition specifically alleges that schools such as Galaxy Public School in Gyaneshwor, Little Angels School in Lalitpur, Rosebud School in Buddhanagar, and Mount Everest School in Bhaktapur are in violation of the law.

The petitioners argue that such actions pressure parents and students. 'By creating a fear of limited seats, schools force parents into premature decisions, leading to inequality and a lack of transparency in the education sector,' the petition states. The law students noted that they were forced to approach the court after their attempts to file complaints with relevant authorities were rejected and their letters sent via post were ignored.

The petition claims violations of Article 18 (Right to Equality), Article 31 (Right to Education), and Article 39 (Right of Children) of the Constitution of Nepal. The petitioners have requested a writ of certiorari to annul the illegal admission process and a writ of mandamus to ensure effective monitoring to prevent such actions in the future.

Furthermore, they have requested an interim order under the Supreme Court Rules to immediately halt all ongoing admissions, notices, and entrance examinations until the final verdict of the case.