The summary of news has been prepared following editorial review. Prime Minister Balen Shah, while violating the Medical Education Act, has decided to grant additional scholarships to Unity Shah of the Janajati (Janji) Movement. This decision by the Medical Education Commission has faced widespread criticism, and former Vice-Chairman Dr. Shrikrishna Giri has described it as an injustice. Dr. Giri stated, ‘The commission cannot undertake any work beyond the Act’ and emphasized that amendments can only be made through a proper legal process.
Prime Minister Balen Shah, who also serves as the Chair of the Medical Education Commission, took the decision to provide extra scholarships to Unity Shah of the Janajati Movement, thereby breaching the Medical Education Act. The Commission’s 24th meeting witnessed significant opposition to this unlawful decision. The decision is based on recommendations made last Poush by the Gaurav Bahadur Karki commission, which was formed to investigate the Janajati Movement. However, the investigation commission’s mandate was strictly limited to study and research of the incident. Despite this, the commission had sent a letter to the then-government led by Sushila Karki requesting arrangements for MBBS studies.
Based on that letter, both the Home Ministry and Education Ministry were informed. Consequently, the Sushila Karki government directed the Commission through a Council of Ministers meeting held on 1st Chaitra. Currently, Prime Minister Balen Shah has resolved to implement that directive through the Commission meeting. Nonetheless, many experts insist that decisions must not exceed the scope of the Act. In this context, former Vice-Chairman Dr. Shrikrishna Giri commented: “The National Medical Education Act is not a coincidental document. It was established to systematically implement provisions of equality and transparency as stated in the Constitution, to ensure the admission process is fair, and to eliminate arbitrariness.”
According to the National Medical Education Act, 2075, only the commission has the authority to determine the number of seats in educational institutions. As per Section 17 of the Act, ‘The Commission shall allocate a specific number of seats in universities, institutes, and other teaching institutions each year based on prescribed criteria.’ Furthermore, Subsection (3) of Section 17 states that ‘universities, institutes, or other teaching institutions must admit students selected through entrance examinations in accordance with the matching system.’ The Medical Education Commission is an organization established under this Act. Its jurisdiction is defined by the Act. Therefore, the commission cannot take any actions beyond the Act, regardless of whether the directive originates from the government. The law applies equally to all. Issuing a decision that violates the Act in favor of one individual constitutes an injustice to thousands of qualified students.
Given that the admission process has already been completed and classes have commenced, adding quotas outside the system is unacceptable. If access to medical education is to be provided to disadvantaged, differently-abled, or specially-abled individuals, systemic arrangements must be made to secure such access. Such a system would also ensure justice for others in similar situations in the future. The commission’s role here is crucial. The commission must clearly state if this proposal does not comply with the Act. The Act is not a permanent or immutable document; it can be amended through proper legal procedures when necessary. However, bypassing amendments and established systems by working on the Cabinet’s decision to violate the Act undermines the foundation of the system itself. The National Medical Education Act was introduced to eliminate past malpractices and establish a transparent and fair system. To preserve this system, the commission, government, and related stakeholders must operate within their jurisdictions. Relying on one person’s emotional issues to override the law risks adding thousands of such exceptions in the future. Decision-making outside the system risks repeating old problems. (Dr. Giri is a former Vice-Chairman of the Medical Education Commission.)
