Parliament Directs Revocation of Regulations Allowing Professors to Work Outside Tri-Chandra University

The National Assembly’s report has found 35 regulations of Tribhuvan University to be inconsistent with the University’s Act and has recommended their annulment. Narayan Prasad Dahal, Chairperson of the National Assembly, has instructed the government to immediately implement the report and revoke the regulations that conflict with Tribhuvan University’s rules. Following the report, Tribhuvan University formed a high-level committee led by former Secretary Chiranjivi Khanal to review these regulations.

Kathmandu, 11 Jestha – The National Assembly had directed a year ago to revoke the Tri-Chandra University regulation that allows professors and staff to engage in external work, deeming it contrary to the University Act. However, even after this directive, faculty and staff have continued to receive approvals through these regulations to work externally. A special report published on 30 Baishakh highlighted that Tribhuvan University had been permitting its teachers and employees to partially engage in outside work. Subsequently, teachers and staff at Tribhuvan had claimed they were working outside their university duties in accordance with regulations, but the National Assembly had already instructed the government to revoke these conflicting rules.

Tribhuvan University had established the “Tribhuvan University Monitoring Directorate Regulations, 2073” which serve as the basis for granting partial external work permissions to its faculty and staff. A list detailing 784 individuals working in various private and other organizations, supported by these permissions, has been disclosed.

The National Assembly’s Committee on Public Policy and Delegated Legislation prepared a study report on the implementation status of delegated legislation enacted under the Tribhuvan University Act, 2049. The report, adopted by the National Assembly, stated that the university’s regulations contradict the Act and called for their annulment. It noted that Tribhuvan University has enacted 35 different regulations to date, which are inconsistent with the parent Act, including the “Tribhuvan University Monitoring Directorate Regulations, 2073.”

National Assembly Chairperson Narayan Prasad Dahal has also directed the government to act on the report’s recommendations without delay. “I instruct to implement the suggestions of the report as a matter of priority immediately,” Dahal stated. The report highlights that the Tribhuvan University Act does not authorize the University Assembly or the Executive Council to draft regulations, procedures, directives, or methodologies. Therefore, the National Assembly considers these regulations inconsistent with the principles of delegated legislation, pointing out that these rules include issues that should instead be incorporated in the Act itself.

The approved report mentions that although the Tribhuvan University Act, 2049, does not empower the University Council to enact delegated legislation, such as regulations or directives, the Council has nonetheless enacted and enforced various delegated legislations. Since these legislations were not issued by the authorized body, the report recommends making them inactive and incorporating their generic provisions into the Act while placing the others into relevant regulations.

During discussions in the National Assembly, the then government had committed to implementing the report. On 24 Asar 2082, former Education Minister Raghuji Pant assured, “Some of these regulations need to be placed in the Act, while others belong in the rules. The government will make efforts to implement the report.” He further stated, “I will try to end inappropriate regulations.” The report concluded that the university had allowed irregularities by enacting regulations favoring its interests.

According to Sanjay Dahal, Secretary of the Committee on Public Policy and Delegated Legislation, the report has been sent to the Ministry of Education for implementation. “We have forwarded the National Assembly-approved report to the Ministry of Education. A ruling has also been made by the Assembly,” he confirmed. The committee had also shared the report with Tribhuvan University. Acting on the report endorsed by the Assembly, the university formed a high-level committee chaired by former Secretary Chiranjivi Khanal. Outgoing Education Director Prof. Dr. Khadga KC stated, “After receiving the report from the National Assembly, we formed this committee to study it. Some regulations need to be revoked, some must be incorporated into the Act. We have set up the committee to analyze all of these matters.”

The National Assembly concluded that most regulations enacted by Tribhuvan University violate the rules and that the University lacks authority to reassign or modify laws by issuing regulations or other delegated legislations. The report notes that the Executive Council has enacted and implemented 35 regulations, 16 procedures, 17 directives, and 19 methodologies, all outside its authority.

The report also instructs the government to enact a new law for proper governance of Tribhuvan University. “Not all issues arising at Tribhuvan University can be resolved merely by amending the existing Act. With the new Constitution in place, restructuring Tribhuvan University’s framework in line with it is essential, making a new Act necessary,” the report states.

The government had previously drafted a Higher Education Act. Then Education Minister Pant had promised to register a bill in Parliament to address university issues, but following changes in government and the absence of Parliament, the bill did not progress. Former Education Minister Mahavir Pun aimed to introduce an ordinance on higher education, but due to the interim nature of the government, it was not issued. After the formation of the government led by senior leader Balendra Shah of the Rastriya Swatantra Party, discussions on the Higher Education Bill are underway. Education Minister Sasmit Pokharel has expressed the government’s commitment to work on the Higher Education Act. “There is no doubt about introducing the Higher Education Bill; we just need to finalize the process,” said Shri Prasad Bhattarai, head of the Higher Education Division at the Ministry of Education.

The report identifies numerous regulations in need of amendment or reform, including the Staff Appointment and Promotion Recommendation Regulations, 2073; Monitoring Directorate Regulations, 2073; Teacher Appointment Recommendation Regulations, 2075; Teacher and Staff Health Treatment Fund Operation Regulations, 2076; Contract Service Staff Appointment Regulations, 2079; Examination Control Office Balkhu and Regional Examination Control Office Regulations, 2073; Campus Proctor Appointment Regulations, 2073; Affiliation Regulations, 2073; and other related regulations including those pertaining to the Monitoring Directorate, 2073.