Supreme Court Overturns Government Decision Appointing Nepal Airlines Directors

Kathmandu. The Supreme Court has overturned the government's decision to appoint members to the board of directors of Nepal Airlines Corporation. The court quashed the decision, stating that candidates ranked first in order of merit were sidelined without basis or reason, and junior candidates were appointed.

A joint bench of Justices Tekprasad Dhungana and Shanti Singh Thapa issued an order in the name of the government. Hearing the writ filed by Upendra Bahadur Karki, a resident of Kathmandu Metropolitan City Ward No. 31, the court issued an order of 'certiorari' to quash the appointment and also issued a 'mandamus'.

The Supreme Court's order states: 'It appears erroneous to appoint individuals ranked second, third, fourth, and sixth without basis, bypassing the petitioner Upendra Bahadur Karki, who participated in the selection process, received the highest marks in the evaluation of merit criteria, and was recommended as the first-ranked candidate.'

The court determined that the ministry failed to provide any concrete reason for not selecting the candidate ranked higher in order of merit. Such actions are also contrary to Sections 16 and 17 of the Good Governance (Management and Operation) Act, 2064 BS, the order mentions.

The Ministry of Culture, Tourism, and Civil Aviation had invited applications for the post of director at the corporation. The selection committee, chaired by Ministry Secretary Mukund Prasad Niroula, had recommended a list in order of merit on Baishakh 31, 2083 BS.

According to the recommendation and evaluation form, Upendra Bahadur Karki was ranked number 1 with 36.625 marks. However, a decision made at the ministerial level on the same day appointed individuals ranked second, third, fourth, and sixth, bypassing Karki, who was ranked first.

The Supreme Court, overturning the controversial appointment decision of Baishakh 31, 2083 BS, has issued a mandamus in the name of the respondents to make a new decision based on grounds and reasons in accordance with the established principles of good governance for the candidates recommended by the selection committee in order of merit. With this order, the 'arbitrary' appointment process in the corporation's board of directors by the ministry has been curbed.