The bench noted that the dispute over the appointment of dean at the IoM had led to chaos in the Tribhuvan University Teaching Hospital in the form of various protests and fast-unto-death, affecting the people's rights to health care service.

The order further mentions that the appointment of Dr Srivastav has put an end to the chaotic situation. "As per the principle of balance of convenience and keeping in mind the fact that the public has not had to be deprived of health services, it is not necessary to issue interim order for the time being," reads the court order.

Dr Sharma, who was sacked on January 22 by TU Executive Council as dean of IoM, had moved the court on February 13 against the appointment of Dr Srivastav to the post. In the petition, Dr Sharma maintained that he was removed without being given a chance to clarify his position.

Argued that the legal basis for sacking him was also not clear, Dr Sharma had demanded the court issue orders asking defendants, including the IoM, to not allow Dr Srivastav from registering his attendance. Other defendants in the petition are Chancellor of TU, Office of Prime Minister, Vice-Chancellor TU Hira Bahadur Maharjan, TU Executive Council, IoM Dean Dr Srivastav.

The council sacked Dr Sharma following the order of Chairman of Interim Election Government Khil Raj Regmi to the TU office bearers to withhold his appointment. The TU decision came amid mounting pressure from various quarters to address the demands of Dr Govinda KC. The senior orthopaedic surgeon at the hospital had been on fast-unto-death putting forth seven-point demand that includes removal of Dr Sharma as IoM dean.