Judgment enforcement body in dock

  • affiliation to national med college
- Manish Gautam, Kathmandu

Aug 25, 2017-A panel formed to review implementation of the agreements reached with Dr Govinda KC has raised questions over the role of the Judgment Execution Directorate of the Supreme Court in the Kathmandu National Medical College, Ghattekulo, getting affiliation from the Tribhuvan University.

 The panel led by Prof Kapil Shrestha had summoned TU Vice-chancellor Tirtha Raj Khaniya to enquire about the implementation of agreements signed by the government with Dr KC in the course of his series of hunger strikes.

Following their meeting with Khaniya, who was accompanied by Law Faculty Dean Tara Sapkota, the panel found the JED role suspicious with regard to the affiliation granted to the National College.

“We are not mandated to investigate the affiliation issue of Kathmandu National. But when we discussed the matter with the TU VC, he said he was oblivious of the annulment of the contempt of court case filed by National,” said Shrestha. “The role of the Judgment Execution Directorate is suspicious.” The medical college had argued that the TU not affiliating it despite the court ruling would be tantamount to a contempt of court.

The TU Executive Council (EC) had, on July 27, stealthily granted affiliation to Kathmandu National, an extension of the Birgunj-based National Medical College, owned by Basruddin Ansari, while the Dr KC had launched his 11th hunger strike demanding reforms in medical education.

The EC had grounded its decision on the frequent letters from the JED to implement the 2014 ruling of the court. The JED was referring to the SC’s decision on September 16, 2014, when a division bench of then-Chief Justice Damodar Prasad Sharma and Justice Om Prakash Mishra had asked the TU to grant the college permission to run the MBBS course. In their final hearing, the SC had argued that there was no reason to deny affiliation if National meets the set criteria.

Shrestha said the JED completely missed SC’s another decision of March 2, 2017 that had quashed the contempt of court case filed by one of the promoters of Kathmandu National. The division bench of Justices Ishwor Prasad Khatiwada and Tej Bahadur KC had said the defendants including the government had been serious about ending anomalies in medical education and hence there was no need to issue a verdict on the contempt case.

JED Director Hari Kaji Karki was not available for comments despite repeated attempts of the Post.

SC Spokesperson Narayan Panthi said he has to look into the file before commenting.

VC’s statement false

TU VC Khaniya has made a false claim that he did not know about the apex court order of March 2, 2017. The letter of the TU Executive Council, informing the apex court about the affiliation, mentions that “the decision of March 2 says” that the university had been actively working to implement the 2014 decision on National Medical College. VC Khaniya was not available for comments.

Thapa files motion of public interest

KATHMANDU: Nepali Congress lawmaker Gagan Thapa registered a motion of public importance in Parliament on Thursday to discuss the affiliation granted by the Tribhuvan University to the Kathmandu National Medical College. 

The motion was seconded by lawmakers Shyam Shrestha and Rukmini Chaudhary. Thapa argues that the TU’s decision will have negative impact on the country’s health sector. The motion asks the prime minister, in his capacity as the TU chancellor, to intervene in the decision. (PR)

Published: 25-08-2017 07:33

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