Prime Minister Overrides Inquiry Commission’s Recommendations, Breaching Jurisdiction in Medical Education Decision

March 20, Kathmandu – Prime Minister and Chairman of the Medical Education Commission, Balen Shah, has approved awarding extra scholarships to Ekta Shah, injured in the Janajati (JENJI) movement, in clear violation of the Medical Education Act.

This decision is based on recommendations made in mid-January by the Gauri Bahadur Karki-led inquiry commission that investigated the Janajati movement incidents.

The commission’s scope is limited to investigating and studying the event. However, the commission sent a letter to the then Sushila Karki-led government recommending arrangements to enroll Ekta in MBBS studies.

The letter informed both the Ministry of Home Affairs and the Ministry of Education. Following this, the Sushila Karki government issued a cabinet decision on March 14, directing the commission accordingly. Now, PM Balen Shah has directed the Medical Education Commission meeting to implement that decision.

According to the Medical Education Act 2075 BS, there is no provision for enrolling candidates outside the merit list. While the government is responsible for assisting those wounded during the Janajati movement, overriding the merit system raises significant concerns.

Dr. Govind K.C., a longstanding advocate for meritocracy in medical education, warns that such a move could undermine good governance and the merit system.

On Thursday, during the commission’s 24th meeting, a proposal was presented to grant Ekta an MBBS seat under an additional scholarship quota. This decision violates both political and legal frameworks.

The MBBS admission process encompasses seat allocation, entrance examinations, result publication, and selection strictly according to merit. All these procedures had concluded for the current academic year, and students had been selected. However, by violating the act, a route was opened for Ekta to pursue MBBS under an additional scholarship seat.

A commission member indicated questions about the Prime Minister’s role, although PM Balen Shah was not present during the meeting. The Deputy Chairperson, Education Minister Sasmita Pokharel, chaired the session.

On Wednesday, the Prime Minister’s Office sent instructions to the commission’s members to hold the meeting. A commission member stated, ‘The proposal was tabled following direct orders from the Chairperson.’

Another member claimed that the decision was made under pressure from the Prime Minister.

“The meeting would not have been convened without the Chairperson’s directive. The letter clearly states the Chairperson’s orders. The proposal arrived due to pressure from the Prime Minister himself,” members said.

The Health Minister and Deputy Chairperson of the commission, Nisha Mehta, confirmed that the Sushila Karki-led cabinet had previously made this decision.

“That decision was already taken by the previous government; the proposal was only presented to the commission meeting,” Minister Mehta added.

When asked why the proposal was brought despite violating the law, she declined to provide an immediate answer, saying, “I will respond after understanding the issue.”

Deputy Chairperson Dr. Anjani Kumar Jha also revealed that the cabinet decision was placed on the agenda, but refrained from commenting on why an unlawful proposal was presented.

Commission members noted that if the previous government truly intended to implement the decision, the commission would have proceeded earlier.

“We were not obliged to automatically follow the earlier decision. It could have been stopped or reviewed,” they explained.

“Decisions Outside the Law Are Unacceptable”

The scholarship distribution must comply strictly with merit and legal requirements according to the commission’s act. Granting an additional seat based solely on being wounded in the Janajati movement raises integrity issues.

Under the National Medical Education Act, 2075, the commission has exclusive authority to determine seat numbers. Section 17 specifies that the commission will allocate seats to universities and institutions per standards, and subsection (3) requires admission to follow the merit-based matching system.

Former Deputy Chairperson Dr. Shrikrishna Giri criticized the granting of MBBS scholarships in violation of the law.

“The medical education law is clear, and it is the commission’s duty to enforce it. Decisions contrary to the law should not occur under external pressure,” he stated.

He emphasized that strict adherence to merit is essential to ensure equal opportunities in medical education. “If the government attempts to violate the law, the commission’s deputy chairman must intervene,” Dr. Giri added, warning that such actions compromise the system and create recurring problems.

The Medical Education Act was implemented in 2018 (2075 BS) to end previous malpractices in this sector.

Transparency, meritocracy, and adherence to legal procedures are viewed as the long-term solutions.

Medical education reform advocate Dr. Govind K.C. said the decision undermines the established system, stressing that the legal provision requires admissions across all subjects, including MBBS, to be strictly merit-based. He added that any illegal decision contradicts the principles of the rule of law.

They urge the Prime Minister to respect the law and refrain from violating legal provisions.

Inquiry Commission’s Recommendation Explained

Ekta Shah from Sunsari was injured by a bullet in her left knee during the September 8 Janajati protest in New Baneshwor, Kathmandu. Despite her injury, she took the MBBS entrance exam and secured a 57.5% score, subsequently registering her name.

The commission’s MBBS entrance exam is mandatory, and only those who pass are admitted according to the merit list and seat allocations made by the commission.

Although she passed the exam, Ekta’s name was not included in the allocated seats, barring her enrollment. Her father later appealed to the Prime Minister on November 12, citing financial hardship, to facilitate her scholarship-based study.

The Gauri Bahadur Karki-led commission conducted interviews with Ekta’s family on September 8 and 9 regarding the incident. During this, her father expressed her educational aspirations and requested government assistance. Based on this, the commission made its recommendation to the government.

The inquiry commission submitted its recommendation letter to the Prime Minister and Cabinet Office on January 12, stating: “Although Ekta’s classes at Nepal Medical College have already begun, the government must arrange her admission.”

The commission exceeded its investigative mandate by recommending the Prime Minister to enroll Ekta in MBBS.

Highlighting the commission’s recommendation, the cabinet on March 14 directed arrangements for Ekta’s medical education.

The Ministry of Education corresponded with the Ministry of Finance on March 16 to secure funds for the scholarship, which were approved on February 26.

On March 31, the commission recommended granting a scholarship for Ekta’s studies during its 24th meeting.

A source revealed, “The recommendation by the previous Prime Minister Sushila Karki was improper, and now Prime Minister Balen Shah is proceeding with it.”