The Supreme Court has issued a writ of mandamus ordering community schools to stop collecting fees from students.
Asserting that free and compulsory education is guaranteed by the Constitution, a bench of Supreme Court Justices Nahakul Subedi and Mahesh Sharma Paudel issued the order, stating that fees must not be collected from students or parents under any heading.
According to Joint Registrar Arjun Prasad Koirala, spokesperson for the Supreme Court, the bench issued the mandamus on Sunday.
“The Constitution itself guarantees free and compulsory education. Therefore, fees cannot be collected from students or parents on any pretext. Since this right is constitutionally guaranteed, the responsibility to ensure it lies with the state, hence this mandamus has been issued,” he said.
The court ruled that the state must take responsibility if schools face operational difficulties, Koirala added.
"Fees cannot be collected from students or parents under any heading just because it is difficult to operate a school. The mandamus was issued, ruling that if a school faces difficulties, it is the state's responsibility to operate it and also to allocate the budget," Koirala added.
Article 31 of the Constitution, regarding the right to education, states that every citizen shall have the right of access to basic education.
It says that every citizen shall have the right to get compulsory and free education up to the basic level and free education up to the secondary level from the state.
The writ petition was filed by Milan Gautam, former chairman of the Kavre district committee of the All Nepal National Free Students' Union (ANNFSU), arguing that these rights were not being implemented in practice.
On February 15, 2024, he filed the petition naming all municipalities of Kavre, the Ministry of Education, Science and Technology, and the Office of the Prime Minister and Council of Ministers as defendants, stating that schools were charging fees for admission, examinations, and extra-curricular activities.
While conducting legal aid and orientation programs in Kavre, ANNFSU district vice-chairman Ayush Badal, secretary Prabin Paudel, and others had complaints that students were unable to exercise their fundamental rights. Following these complaints, they approached the Supreme Court with the petition.
During the hearing, senior advocates Tikaram Bhattarai and Amar Thapa, advocate Mukunda Adhikari, and other legal professionals, presented their arguments.
While the mandamus has been issued, the full text of the verdict is yet to be released.
