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The legal system incorporates a variety of judicial and quasi-judicial bodies designed to alleviate the burden on courts and provide specialized expertise. Despite the availability of alternative remedies, there is a growing tendency to bypass these channels and directly file writ petitions. This article emphasizes the extraordinary powers of the judiciary, particularly the Supreme Court, to intervene in matters of public interest or constitutional questions when necessary. However, the misuse of this power for trivial matters threatens the efficiency and credibility of the legal system. The written petition to make the work done by the ruler of the state by the law also takes action both in the form of scriptures and weapons. But for some time now, writ petitions have been filed only for the sake of intellectual luxury and cheap popularity. Again and again, various newspapers have raised questions about the writ petition and the petitioner as a dummy writ petitioner. Increasing writ petitions in court is not a problem, but filing a writ petition for personal gain without using alternative remedies is also unfair to other parties.

Definition of writ

Article 133, Article 144 and Article 151 of the Constitution of Nepal provisions have been made regarding the rejection of writ petitions. The rights provided in these articles of the Constitution of Nepal are not limited rights. If the ruler and anybody governed by the ruler commits an illegal act, these articles are used to keep that act as it is, to cancel such an act and for other purposes as well. If there is no provision for remedy for the fundamental rights provided by the constitution or if there is provision, such remedy is found to be insufficient or ineffective, if there is any dispute of public rights or concern for the enforcement of such legal right, or if there is any dispute of public right or concern, or if there is any necessary order for the determination of legal or constitutional question, providing appropriate remedy, Courts, especially the Supreme Court, have the extraordinary right to exercise such rights or settle disputes. Such extraordinary jurisdiction of the court is writ.

Alternative treatment without experiment

Several judicial and quasi-judicial bodies have been created to provide subject expertise and reduce the increasing burden on the courts and for many other reasons. It has also been mentioned in several judgments of the Supreme Court that writs should not be used until alternative remedies are available. In this way, the trend of trying to register a writ in the Supreme Court is increasing day by day, while the judgments of the respected Supreme Court are not taken into consideration. Although there is a hearing in the Administrative Court regarding several disputes of employees working in the civil service of Nepal Government, Nepal Federal Parliament Service, or public institutions, writs are filed regardless of the jurisdiction. Similarly, the Companies Act, 2063 provides that the registrar will hear the proceedings of the company registrar’s office. Although the law provides that a complaint can be filed before the registrar at the company registrar’s office, a writ is filed against the order made by the company registrar’s office without submitting an application to the registrar. The remedy is sought through the process of writ even on tax assessments made by other tax assessment agencies including the Customs Office. Writ remedy is sought on the subject of assessment of tax for the purpose of remedy without going to the Revenue Tribunal.

Difficulty of lawyers to file a writ

Not only common people but also law professionals, the tendency of filing writs to show themselves as famous and intellectual in front of the world is increasing day by day. Studying the number of writs filed in the Supreme Court on the last date, which is respected only by legal professionals, it seems that there is a group of legal professionals who are ready 24 hours a day to file a writ in the Supreme Court. Numerous wits have been filed by legal professionals on the same issue. Once the writ is registered, if an interim order is demanded in the writ, the court spends a lot of time on the writ, discussing it, informing the opponent, listening to the arguments of parties and opposition, etc. Even though the hearing of the petitions filed concerning legitimate demands and enforcement of rights takes years, that period cannot be considered as a waste of court time. But the hearing of writ petitions filed only for the sake of intellectual luxury and cheap popularity has caused injustice to the parties in other cases as well. Similarly, Legitimate cases deserving timely resolution are inevitably pushed to the back burner.

Personal recognition vs prolonged proceeding 

Legal processes frequently extend over extended periods, and when a case reaches its resolution, the urgency of the presently raised matter may have diminished. Societal perspectives and priorities can change, resulting in a reduced focus on the concerns initially raised in the writ. Public attention may shift towards new challenges, overshadowing the urgency of previous issues. Delays within the legal system, whether caused by backlog or procedural complexities, can diminish the core impact of the writ, making the relief less effective than if it had been promptly delivered. Additionally, the emergence of new issues tends to be overshadowed by persistent old ones, creating a loop where unresolved past issues overlap with present concerns. As proceedings unfold for these lingering issues, their significance often dwindles, perpetuating a cycle where the essence of each issue fades over time. This ongoing loop contributes to the accumulation of caseloads in the Supreme Court as people prefer to file in the Supreme Court instead of the other possible administrative court.

The role of legal practitioners and responsible advocacy 

The article emphasizes the importance of judicial discretion in addressing writ petitions, emphasizing the need for critical evaluation of each case’s merits and the use of court time. Judicial intervention should be reserved for matters of genuine public interest or constitutional significance, not for cases driven by personal motives. Establishing a code of ethics and guidelines for responsible advocacy can help curb the misuse of writs and maintain the sanctity of the legal profession.

The article recognizes the intellectual allure of engaging with the writ system but cautions against its misuse. Intellectual freedom should be balanced with a sense of responsibility. Legal professionals are urged to consider the broader implications of their actions and prioritize the pursuit of justice over personal recognition

Finally, writ itself is a beautiful subject. Just because the number of writs increases in the court, it cannot be considered as a misuse. Its wrong use has made it ugly. “Though our inclination often leans towards paths bathed in limelight, wisdom reminds us that brilliance isn’t solely defined by the spotlight.” So, to prevent the misuse of writs, legal practitioners and court administration should play an important role and shall prevent filing the writ for the sake of intellectual luxury.

The international airport has become overwhelmed with a surge of students. In recent years, youth migration has emerged as one of the country’s major issues. While every government claims to be drafting policies and programs aimed at retaining young people within the country, these efforts appear ineffective. Reports indicate that over 2,500 youths depart from Tribhuvan International Airport daily. 

Although many attribute this exodus to employment opportunities abroad, a large number of students are also leaving for educational purposes. As more young students pursue studies overseas, the number of students enrolling in Nepali universities and colleges has decreased significantly . Particularly in bachelor’s and master’s programs, enrollment has dropped far below the allocated seat numbers. On one hand, universities and affiliated educational institutions face a drought of students; while on the other hand, the international airport is struggling to manage the overwhelming crowds of outbound students.

In the fiscal year 2023/24, a total of 112,593 individuals obtained no objection certificates (NOC) from the Ministry of Education, Science, and Technology to study abroad. According to data from the ministry’s Foreign Study Permission Branch, the number was 110,217 in the previous fiscal year. Although the number dropped to 27,900 in the fiscal year 2020/21 and to 34,096 in the fiscal year 2019/20 due to the Covid-19 pandemic, the trend has since been on the rise. In the fiscal year 2018/19, the number was 63,295. Currently, about 500 students seek NOCs daily. Based on this data, it is estimated that over 100,000 students leave Nepal annually for abroad studies.

Education is often considered the foundation of a country’s economic and social development. However, many argue that Nepal’s education system has not yet found its rhythm. The government’s lack of vision and the dysfunction in educational institutions have left students disillusioned with the domestic education system, driving them towards foreign institutions as an alternative.

In the past decade, the number of students seeking NOC to study abroad has increased nearly tenfold. On average, the number of students going abroad for education has grown by 43.9 percent annually over this period. Nepali universities have failed to attract students due to rising institutional dysfunction and political interference, which has hampered the development of a modern education system and the production of skilled human resources.

Political instability, corrupt leadership, frequent government changes, and power struggles have led youths to conclude that their futures are not secure in Nepal. Universities play a crucial role in developing the human resources needed for national development. They must produce graduates with the skills to analyze, argue, present, and find solutions to problems. However, if the foundation is weak, the resulting development will not be sustainable. Graduates from Nepali universities often lack the expertise required to secure jobs, which further diminishes the appeal of these institutions. As a result, many students opt for foreign education.

In the last fiscal year, the most popular study destinations for Nepali students were Japan, the United States, the United Kingdom, South Korea, Australia, and Canada. During this period, 34,731 students obtained NOCs for Japan, 15,982 for Canada, 14,372 for Australia, 13,339 for the UK, and 11,261 for the US. Similarly, 6,889 students obtained NOCs for South Korea, 1,754 for Denmark, 1,535 for Finland, 1,489 for France, 2,389 for India, 1,446 for New Zealand, and 2,147 for the UAE. A significant number of students also sought approval for studying in Bangladesh, China, Bahrain, Germany, Ireland, Greece, Hungary, Malaysia, Malta, the Philippines, Poland, Qatar, Spain, Sweden, and Thailand.

Not long ago, attending a university in Nepal was a source of pride. Graduating from these institutions was seen as a guarantee of a secure future, and parents took pride in their children’s education. But today, this is no longer the case. Many parents are now reluctant to enroll their children in domestic universities due to the rampant dysfunction. Most universities are plagued by strikes, shutdowns, and political interference, preventing them from adhering to academic calendars. As a result, regular classes, annual exams, and other academic activities have become irregular. It takes almost seven years to complete a four-year bachelor's degree, and errors in results and exam papers have eroded public trust in these institutions.

Human resources are the most important asset for increasing production and productivity. As the daily exodus of young, skilled individuals continues, the country’s political leadership bears the greatest responsibility. A nation’s future is often determined by its political leadership, as they are the ones steering the country’s direction. The hopes for a nation’s economic and social prosperity lie in having political leaders who are honest, capable, and visionary.

If the political leadership is honest, it can positively impact the country’s economic, social, and educational sectors. Only then can the belief that a secure future is possible within the country take root. However, looking at Nepal’s political history over the past three decades, it seems that promising political leadership has yet to emerge. Political instability, corrupt leaders, frequent government changes, and power struggles have led today’s youth to conclude that their futures are not secure in Nepal. Hence, they are in a hurry to leave.

It is natural for the youth to want to secure both their present and future. They are concerned not only about themselves but also about the future of their children. As physically and mentally capable individuals continue to leave the country, the impact on the nation’s economy, society, and politics is becoming increasingly apparent. While remittances may support the economy for now, they are not a long-term solution. Without growth in internal production and productivity, economic prosperity is unachievable.

The most important asset for increasing production and productivity is human resources. If we continue to lose our human capital, even the best policies and plans won’t matter. To ensure the economic, social, and political development of the country, the growing trend of youth migration must be curtailed. This requires the creation of domestic employment opportunities, skills-based education, a stable political environment, strong leadership, and good governance.

If our universities do not advance in education, academics, and technology, our national development and international standing will continue to decline. Globally, universities are seen as centers of knowledge, innovation, and research. The identity and development of advanced nations, as well as the progress of human civilization, are often linked to the research and innovation produced by their universities. Historically, institutions like Rishi Muni’s Tapobhoomi and Taxila established India as a global center of knowledge and civilization. Similarly, ancient civilizations like Mesopotamia and the achievements of humanity, such as reaching the moon, are the results of university-driven innovations.

Today, whether it’s the groundbreaking research of Nobel laureates or advancements in micro-computer technology, universities play a key role in the development, dissemination, and commercialization of technology. We all aspire to see similar advancements in our own country.

When we compare the educational, academic, and technological progress of neighboring countries like China and India, which gained independence around the same time as Nepal in 1950, it becomes clear that if Nepal does not advance, our national development and international identity will continue to suffer. It is high time that Nepali universities focus on research. In many Nepali universities, research and publication are not only essential for the professional development of academics but also for attaining high-ranking positions within the institutions.

The University Grants Commission (UGC), the umbrella organization of Nepali universities, has played a creative role in the development of higher education in Nepal since its inception. Whether it’s contributing to the development of knowledge and technology, fostering skilled human resources, or promoting research in nationally significant areas, the UGC has been committed to improving higher education in Nepal for three decades. The Commission is not only responsible for providing capital and operational funding for physical infrastructure but also for supporting technology development, quality control, and the delegation of university responsibilities. The UGC works in coordination with relevant federal ministries, especially the Ministry of Education, Science, and Technology, and the Ministry of Finance, to connect national universities in Nepal.

This article explores the current role of the University Grants Commission in promoting academic and scientific research, along with future research policies and suggestions. Nepali students will be drawn to local universities only if these institutions engage in innovative research, publish in quality journals, and use research findings for the benefit of society.

Commission’s research activities

While developed countries allocate a significant portion of their national budgets to research and innovation, Nepal has only recently begun this process. The University Grants Commission has taken steps to provide research funding to Nepali universities, offer research training, initiate entrepreneurial programs, and support the publication and presentation of research work. The Research and Scholarship Division of the UGC is active in awarding scholarships to undergraduate students and supporting postgraduate and PhD students in their research. However, the division’s role in fostering a research environment in Nepali universities has been diminishing in recent years.

Over the past decade, the UGC has progressed through seven thematic clusters, funding 50 MPhil, micro-research, and faculty research projects annually. This number has increased to 60 research projects at the PhD level. The UGC is also involved in 17 major research projects with national and international collaboration. Its innovative activities include numerous training programs, publications, and international visits to support young scientists and academic research. The UGC invests around 40 crores annually in these activities and is determined to promote cutting-edge research.

With financial support from the World Bank, the UGC has launched an entrepreneurial program in collaboration with national or provincial universities. This initiative aims to transform the site by engaging approximately 100 young students, teachers, and staff from across Nepal. The UGC also aims to connect Nepali research with the global community and make research more effective by controlling the duplication of efforts.

The UGC’s efforts to create a national research portal, the ‘Research Network Information System’ (RNIS), for university professors across Nepal are expected to have a positive impact. The UGC has also been involved in quality control and the effective implementation of 'Peer Reviewed Journals' by classifying journals published in Nepal.

Proposed new academic and scientific research initiatives

Given the current situation, it is not feasible for the University Grants Commission alone to regulate research activities and conduct quality research. Professors from various universities and hundreds of subject matter experts in different government agencies in Nepal must re-evaluate the research activities of the UGC. As the UGC prepares and circulates regulatory procedures, particularly for MPhil and PhD research, it is the responsibility of every university to improve their postgraduate programs.

The UGC should seize this opportunity to allocate research funds equitably and competitively, thereby increasing research activities across all Nepali universities and higher education institutions. Research development in Tribhuvan University and Kathmandu University is already regulated, and newer universities are in the process of doing so. Collaboration between universities should be encouraged to promote and present joint research efforts.

Attracting Nepali students to local universities will require engagement in innovative research, coordination with federal, provincial, and local governments, and publication of research results in quality journals for the benefit of society.

Conclusion

Universities worldwide are synonymous with innovative research. Although research regulatory procedures have been successfully implemented in Nepal’s older universities, newer institutions have only recently begun this process. The UGC has been working for decades to establish and upgrade necessary laboratories for equitable and competitive research in Nepal’s higher educational institutions.

In today’s environment, where the UGC plays an additional role in providing technical and financial support to postgraduates, MPhil, PhD, post-doc students, and working professors in Nepali universities, faculty and staff should take this golden opportunity to move forward. It is time for every university to not only conduct academic research but also engage in innovative research that aligns with global market demands and offers long-term social benefits.

The National Youth Policy formulated eight years ago has defined those aged 16 to 40 years as youths. National Census-2021 states that youths constitute 42.56 percent of the national population, which stood at 40.35 percent during the census conducted in the year 2011. 

According to data from the Foreign Employment Department, the number of Nepalis going abroad for work has increased by more than 21 percent in the fiscal year 2022-23 compared to the fiscal 2021-22. In 2022-23, a staggering 771,327 people went to countries other than India for jobs, more than 630,000 people took work permits in 2021-22 whereas in 2020-21 only 166,698 people went for foreign employment. In 2019-20, 368,433 people took work permit, followed by 508,828 in 2018-19, 612,685 people in 2017-18, 354,533 people in 2016-17 and 640,981 people in 2015-16, whereas 693,032 people (new labor permits and renewals included) Nepali went abroad for jobs in 2014-15. These data show that youth exodus for jobs peaked in 2015-16 before reaching a new high in 2022-23.

Why do a large number of Nepalis seem to think that their country of birth does not have much to offer in terms of employment opportunities? Is it solely because of indifference on the part of the state? 

The Constitution of Nepal 2015 has regarded the right to employment as a fundamental right, but this right, like several other rights, remain largely on paper.

It is not that the government has not tried to reduce unemployment. With the aim of providing jobs, the government launched the Prime Minister’s Employment Program five years ago. 

Thousands of youths benefited from this program that basically provides 100 days’ employment to unemployed people in a year, which still meant too little for millions of unemployed people, 

Besides, how many people can make a living for themselves and their families by getting gainful employment for 100 days in a year? 

While the Nepali job market scenario remains grim, there’s no drought of promises to create jobs in the country. For instance, the Federation of Nepalese Chambers of Commerce and Industry has announced plans to create 2.2m jobs by 2030. The plans are great, whether they will materialize or not is a different thing altogether. 

The 15th periodic plan of the National Planning Commission has envisaged a high-level National Employment Authority for creating jobs, coordinating with various agencies and regulating the employment sector by bringing Youth Self-employment Fund, Poverty Alleviation Fund and NPC on board. 

Like previous editions, this periodic plan has also made some lofty promises. It has pledged to create 2.5m more jobs, increase workforce participation rate from 38.5 percent to 49 percent, increase the share of the formal sector in employment from 36.5 percent to 50 percent and provide professional, technical and skill training to 500,000 people. 

What’s more, it plans to establish employment information centers at all local levels and tie them up with the employment system of the organized sector, reduce industrial labor disputes and develop sound labor relations. 

However, these tall promises should be compared with the situation on the ground. The Nepal Labor Force Survey conducted about six years ago put the unemployment rate in the country at a staggering 11.4 percent, compared to a dismal 2.1 percent and 1.8 percent in surveys conducted a decade ago and 25 years ago, respectively. 

In a predominantly agricultural country, the farm sector appears to be shrinking by the day, if findings of the National Census-2021 are any indication. Per the census, the population involved in agriculture is 50.1 percent, which marks a sharp decline from 65.6 percent during the census conducted in 2011.

These statistics point toward a declining interest of the public toward agriculture, due, perhaps, to factors like dismal returns resulting from the lack of irrigation facilities and market.  

Summing up, time has come for the government to walk the talk and prove to the youth that there is no dearth of employment opportunities in Nepal, whether it’s in the farms or other sectors.