The State Affairs Committee of the parliament on Monday has instructed the Public Service Commission (PSC) to cancel the vacancy announced for over 9,000 staffers for local bodies.
The committee after discussion with Federal Affairs and General Administration Minister Lal Babu Pandit during Monday's meeting has unanimously decided to instruct cancellation of the advertisement.
The instruction has been issued as per Article 293 of the Constitution that allows the committee to instruct constitutional bodies. Lawmakers of even the ruling parties speaking during the meeting opined that the vacancy announcement should be cancelled as it it against the spirit of inclusion.
"Who will defend the Constitution if we do not? What answer will we give to the people if our works ends inclusion?" CPN lawmaker Janardan Sharma asked. "Why did the ministry not tell anything to the PSC when such exclusive advertisement was going to be issued."
CPN lawmaker Pampha Bhushal said the government should be careful about inclusion even while recruiting a single staffer and stressed that thousands of staffers cannot be recruited in an exclusive manner.
Lawmaker of another ruling party, Socialist Party Nepal, Ram Sahay Yadav said the PSC advertisement is against the spirit of federalism.
Minister Pandit responded to the lawmakers saying that the vacancy was announced to fulfill immediate needs as the federal civil service act has yet to be formulated. "The Constitution cannot walk on itself. Laws and acts are needed for that. The vacancy has been announced to fill the gap as there is lack of staffers in the local bodies when the laws and acts are not made. Which is right," he argued.
Province 2 Chief Minister (CM) Lal Babu Raut has already warned of legal remedy against the vacancy announcement.
Addressing a meeting of the provincial coordination council in Bardibas, Sindhuli after the announcement, he stated that the vacancy announced with utter disregard to the policy of inclusion as per the spirit of the Constitution is unacceptable.
Pointing that the Constitution clearly states that the provincial governments can make arrangements for the local level staffers, he warned of legal remedy against the activities violating the spirit of Constitution.
CM Raut last month had written to the federal government and the PSC to not send staffers from the center as preparations are on to form the provincial public service commission.
Raut had written that staffers for the province and local bodies will be deployed from the provincial level as bill for formation of the provincial public service commission and provincial public service law have already been tabled at the provincial assembly and are in the final stage of being passed.
CM Raut had also urged the PSC chairman to not invite applications for Province 2 and 136 local bodies in the province.
"Provincial council of ministers, village council and municipal council may form and operate various government services according to law as may be required for running their administration," says Article 285(3) of the Constitution.
Article 244, likewise, allows the provinces to form provincial public service commission. The letter had also pointed that the federal government has already integrated staffers as per Article 302(2) and asked it to not send staffers from now onward.
