SC ruling on IoM dean splits legal experts

- Post Report, Kathmandu

Jan 8, 2018-

The Institute of Medicine (IoM) will have two deans for the next four days after the Supreme Court on Sunday ordered the Tribhuvan University to reinstate Dr Shasi Sharma as its dean.

A division bench of Chief Justice Gopal Parajuli and Justice Dipak Kumar Karki, hearing on a writ petition filed by Dr Sharma against his removal from the post without citing any concrete reason, issued the order to reinstate him as IoM dean, if he wishes to, before his four-year term expires on January 11. 

Interestingly, however, the apex court in its verdict has also stated that it found no evidence to prove that the appointment of incumbent Dean Dr Jagdish Agrawal as illegal. 

The TU Executive Council had appointed Dr Sharma to the post on January 9, 2014. 

Later, on January 22, 2014, the then government removed Dr Sharma from the post following a protest by Dr Govinda KC. During the protest, Dr KC had argued that the TU had appointment the IoM dean by overlooking seniority and demanded the university rectify its decision and make appointment as per the norms.

Dr Sharma had moved the court after the government removed him from the post. He could not be reached for comment despite repeated attempts. 

Legal experts, however, are divided in their interpreting of the court’s verdict.

Narayan Khanal, legal adviser to the TU, said Dr Agrawal will be relieved from the position because Dr Sharma has already assumed position as dean. “Once the term of Dr Sharma expires in the next four days, a new process will begin for appointing the dean,” said Khanal.

However, Tulsi Bhatta, senior advocate deemed SC ruling on Sunday as “judicial anarchy”. 

“There will be two deans at IoM for the next four days. After that, Dr Agrawal will continue to remain in the post because the case filed by Dr Sharma is not against the incumbent dean,” he said. “The court’s verdict even states that the appointment of Dr Agrawal is not illegal.”

Immediately after the court verdict, the TU handed a letter of reinstatement to Dr Sharma.

Published: 08-01-2018 07:35

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