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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.

In 1980, Ramhari Lamichhane was one of four students out of 16 to pass the School Leaving Certificate (SLC) examination from Shwachchanda Bhairab Secondary School in Makawanpur. “I rushed to Kathmandu on foot from Chitlang as soon as I heard the SLC results were out,” he recalls, sipping coffee on a chilly Kathmandu afternoon. “It was about a two-hour run, and when I saw my symbol number in Gorkhapatra, it confirmed that I had passed. It was a milestone for our village. We were the first batch of SLC graduates, and the villagers welcomed us with musical instruments and fanfare at Chandragiri.”

This young man would later become the member secretary of the Council for Technical Education and Vocational Training (CTEVT) and the first and only Nepali to hold the position of director general at the Colombo Plan Staff College (CPSC).

However, Lamichhane’s career path was anything but linear. After SLC, he faced uncertainty. “I didn’t know what to do next. I thought about becoming an overseer engineer after observing a few in action. But my friends advised me to study law because of my strong speaking skills,” he says. However, practicality won and he pursued commerce, which offered better job prospects while continuing studies—a crucial factor given his family’s financial struggles.

Although he completed his course and worked at a hotel alongside his studies, this was not the path he would ultimately follow in the long run.

 “I worked various jobs, including teaching in my village and running my own construction company,” he says. But a stint as a contractor in Hetauda left him disheartened. The workers at his site asked for Rs 150 for the Maghe Sankranti festival, and he couldn’t provide it. “That made me realize I had failed to provide for my own staff. The construction sector then, like now, suffered from mismanagement,” he says. “Contractors would often spend the money they received from clients on other things, leaving nothing for proper construction work or to pay their workers.”

Determined to continue his education, Lamichhane moved to Kathmandu in 1987, completing a Bachelor’s in Commerce and later earning an MBA in 1990.

During this time, he gained valuable experience through various roles. He worked on a USAID project and later passed the job exam for the Agricultural Development Bank, where he worked briefly. However, he continued exploring options to find the best fit for himself. He successfully cleared officer-level job exams for Sajha, CTEVT, and Rastriya Banijya Bank—all three at the same time. Ultimately, he chose to join CTEVT and was posted as a finance officer at Jiri Technical School in 1989. At this point, his career began to take shape. “I kept seeking new roles throughout my life to discover where I fit best,” he says.

At the technical school, teachers often traveled abroad for training, but those in the administrative department had no such opportunities. This disparity made Lamichhane realize the importance of being in the technical department. He decided to shift his focus from administration to the technical side. Around the same time, in 1995, an opportunity arose to pursue an Advanced Diploma in Hospitality Management in Australia. Administrative staff from CTEVT were eligible to apply, and completing the course would allow them to transition to the technical department. 

“This was the first time in CTEVT’s history that administrative staff could transition to the technical side,” he says. “I was instrumental in lobbying for this change because there were already enough human resources in administration, but there was a shortage in the technical sector. I advocated for capacity development within the CTEVT staff to bridge this gap.”

Lamichhane’s professional teaching journey began at this point. He taught in Lete, Dhaulagiri, and Pokhara, where he eventually became a school principal. His role in Pokhara involved establishing a technical school from the ground up.

In 2000, Lamichhane earned both PhD and MPhil in Educational Leadership from Kathmandu University. Additionally, in 2010, he went to America for a degree in Educational Administration, Planning, and Policy from Vanderbilt University. “Promotions in the technical field happen relatively quickly, and by 2010, I had already become a first-class officer,” he says.

In 2013, the government invited applications for the CTEVT member secretary position through open competition for the first time. Applicants were required to present business plans, a departure from the previous practice of discretionary appointments. Despite being the junior-most candidate among 17 applicants, Lamichhane’s business plan secured him the role.

During his tenure, he spearheaded the development of Nepal’s National Technical and Vocational Education and Training (TVET) Policy and implemented numerous TVET programs. With over three decades in the sector, Lamichhane served as an instructor, principal, program coordinator, project manager, and director. 

As his tenure as member secretary of CTEVT was coming to an end, Lamichhane applied for the position of Director General at the Colombo Plan Staff College. “My friends said it was almost impossible to get the job, but I was selected, becoming the first and only Nepali to hold the position,” he says.

“Skilled human resources are an asset to a country, but Nepal lacks it,” he says. “Various trainings are organized in different sectors, but they are just training for the sake of training, with no proper plan.” After many years of working in this sector, he believes that Nepalis lack patience. “They don’t set goals when coming to training, and there are issues with the providers as well. Our teachers and trainers are also not TVET-oriented,” he adds.

“A skilled person could become an entrepreneur, but those without skills will remain at the bottom,” he explains. “In a country like Nepal, where 93 percent of the economy is informal, if you have skills, you can easily create small and micro-enterprises.” Lamichhane emphasizes that technical and vocational education is crucial because it helps drive economic growth. “For example, last year in Dolakha, the price of kiwi fruit was Rs 270 per kg, and a farmer cultivated kiwi on 200 ropanis of land. This year, the price dropped to Rs 70 per kg. However, if you are skilled, there’s no need to panic. The farmer could make jam, jelly, candy, or wine out of it,” he says.

The government has prioritized technical and vocational education, but it’s limited to policy documents. It has stated that 70 percent of students will receive technical education, but there is no clarity on what kind of technical education this entails. “When I was in Jiri, we used to go door-to-door to scout students by observing their potential. These days, such practices don’t exist,” says Lamichhane. 

About a decade ago, there were around 800 institutions affiliated with CTEVT, but today, that number has grown to approximately 1,700. However, Lamichhane points out a concerning trend: When there were 800 institutions, 56,000 students were enrolled in technical education, but now, despite the increase in institutions, there are only 38,000 students. 

Lamichhane identifies another issue: the transitional period under the federal system and the lack of coordination between federal and provincial levels. “Now, provinces have established parallel institutions similar to the federally-owned CTEVT, but the federal government has not dissolved its own structures, creating a conflict,” he says. “There are seven different curricula related to TVET which is a problem as this doesn’t create uniformity.” Additionally, he highlights that people with no expertise in technical education are leading these institutions, further compounding the challenges.

“We still have a demographic dividend for about another five years, but after that, there will be no youths left in the country,” he says, emphasizing the urgency for stakeholders to improve the technical sector to prevent youth migration abroad. “The government should pursue mergers and focus on quality rather than quantity.”

Lamichhane advises students who pass the Secondary Education Examination (SEE) to set career goals without rushing. “Setting an interest-based occupational goal is essential for youths,” he says. Occupational culture is another major aspect. “In Nepal, technical work is often undervalued, despite its importance, but Nepal should adopt an occupational culture similar to European countries,” he says. “This includes establishing proper attire, safety measures, and standards to create an environment where, for instance, a plumber can earn enough money and can commute to work in a car, looking neat and tidy.” 

Art gives your home a personal touch. It makes any space come alive. A home without art is pretty soulless. But how do you decide where to put up a painting or what kind of art to bring into your house? It can be pretty confusing. You don’t want something run-of-the-mill but you also don’t want to invest a lot in something you might still be unsure about. So what do you do? You can actually get inexpensive pieces of art if you get a little creative. Here are six tips that can help. 

Commission a friend to make something

Have a friend who is good with a paintbrush or someone who likes to paint? Ask her to make something for you. If you can, tell her what you want. You could pay her to make a special piece for you. That way, both of you benefit from it. You will have something personal and she will have done something with her skills. Alternatively, you can also get a friend or an artist to help you make something by yourself. 

Get free prints off the internet 

This has to be done with caution and you have to be willing to browse through the hundreds, if not thousands, of free photos online. Decide on a theme—it could be rain, sunshine, water or anything you want. Choose three photos to fit the theme, get them printed on A4 size paper, frame them, and then hang them together. Don’t choose the first thing you see. Chances are many have already picked those. Dig around a little. 

Black and white photographs

Go through your grandparent’s or parent’s photo albums and pick out some black and white photographs to display on your walls. These could be photos of your grandparents, your parent’s wedding, or those of the extended family. It’s a neat little way to give your home an artistic touch while displaying your history as well. Buy inexpensive frames, sand them a little to give them a rustic touch, and get decorating. 

Frame fabric

Fabrics with beautiful patterns, motifs, and embroidery make stunning displays especially when framed and hung as a focal piece in a room. Do you have a beloved scarf or a sari that your mother used to wear that you really loved? Cutting a sizable piece from one of these and mounting it on a wooden frame works really well. The good thing about this is that it’s an inexpensive idea and you can easily change things up when you are bored with the decor. 

Hang memorabilia

Pretty greeting cards, handwritten notes, pressed flowers, ticket stubs, and anything else that you might have saved over the years because they remind you of happy times works for this idea. Someone we know framed their daughter’s baby clothes and it made for an eye-catching display. You could create a gallery wall of sorts with the things you want to display. Just be creative with how you choose to frame them or put them up on the wall. Postcards from your travels could also be a nice thing to display. It will remind you of the past while inspiring you to travel more and create new memories.

The written word

You might have a favorite poem, a song, or a recipe that has been passed down through generations. Type it out, choose a fun font, get creative with the margins and designs of the layout, print and frame it and voila, you have just made a neat piece that is uniquely you. You can also print quotes you resonate with. Try not to stick to cliches though. The same goes for some good advice you might have received that you want to be reminded of time and again. Print the blurb of your favorite book and hang that.

The National Earthquake Safety Day on Jan 15 serves as a critical reminder of the importance of preparedness and collective efforts to mitigate the risks posed by future earthquakes. Natural disasters not only test people’s resilience but also highlight the preparedness and response mechanisms of communities. ApEx spoke to three people to learn about their experiences with disaster and its immediate and long-term impacts. 

Prem Bahadur Thapa, 25

Every earthquake, big or small, brings fear and anxiety into our lives. It also causes much damage, with houses developing cracks or collapsing, which in turn significantly affects the community. An earthquake is a natural disaster that can cause unexpected events when it occurs. To ensure safety during such times, it’s essential for everyone to be prepared with an emergency bag in advance. Additionally, during an earthquake, it’s important to stay calm, seek shelter near the main door of the house, and move to an open area if possible. Adopting these measures can help ensure safety during an earthquake. To prepare for earthquakes and minimize damage, constructing and promoting earthquake-resistant houses in the future is essential.

Agya Shrestha, 28

Every time there is a tremor, I become very anxious and search for my family members. My immediate reaction is to go to a safer space with everyone. Back in 2015, life came to a standstill and we had to leave our homes. We couldn’t return for a month. News of people looting houses during such times made things worse. We spent our nights at Ratnapark or Tudikhel and people brought cylinders from their homes and started cooking there as well. I don’t think anyone is prepared for an earthquake. Even though you know what to do, you forget all of it during the calamity. The government and emergency response could have been better. They could have worked proactively rather than adopting a reactive approach. We need to have regular earthquake drills and everyone should prepare an emergency bag with essentials to take with them.

Gita Shakya, 47

I was at home, in the kitchen, preparing tea for my family when an earthquake struck. At first, I thought it was a truck passing by, but when the shaking intensified, I realized it was an earthquake. My family and I rushed out of the house as fast as we could, holding onto one another. The earthquake made the community come together to help one another, but the fear and uncertainty lingered. Honestly, we were not prepared at all. During the event, the only safety measure I could think of was to get out of the house as quickly as possible. The initial response felt slow. We needed more immediate help and better coordination. There needs to be more education and awareness about earthquakes. People should know what to do during and after one. Regular drills and training, especially in schools and communities, would help us feel more prepared.