- The Supreme Court annulled Maheshwor Bhakta Shrestha's appointment as NAC executive chairman for violating legal eligibility criteria and mandatory age limits.
- Shrestha, aged 80, far exceeded the maximum age limit of 65 years required for executive heads of public institutions.
- The ruling necessitates a fresh, legally compliant appointment process to find a new leader for Nepal's national carrier.
- Petitioner Upendra Bahadur Karki’s challenge was upheld, but the court rejected his request to be directly appointed to the position.
Kathmandu, Nepal: The Supreme Court has annulled the government’s appointment of Maheshwor Bhakta Shrestha as executive chairman of Nepal Airlines Corporation (NAC), ruling that the appointment did not comply with the legal provisions governing appointments to public institutions.
A division bench of Justices Sunil Kumar Pokharel and Balkrishna Dhakal issued the verdict on Thursday while delivering its final decision on a writ petition filed by Upendra Bahadur Karki challenging Shrestha’s appointment.
The court concluded that Shrestha’s appointment as executive chairman and general manager of Nepal Airlines was not consistent with the government’s own eligibility criteria. The ruling brings Shrestha’s tenure as executive chairman to an end and requires the government to begin a fresh process to appoint a new head of the national flag carrier in accordance with the law.
The dispute largely centered on Shrestha’s age. Under the Standards Relating to the Appointment and Nomination of Members and Office-Bearers of Public Bodies, 2017, a person appointed as the executive head of a public institution must be at least 30 years old but not more than 65.
Shrestha was around 80 years old when he was appointed to the position, exceeding the prescribed age limit. His appointment also drew attention because he had returned to a senior leadership position at Nepal Airlines nearly 34 years after retiring from the corporation.
Karki challenged the appointment at the Supreme Court, arguing that the government had failed to follow the applicable legal provisions and appointment standards. The court has now upheld the substance of that challenge by declaring Shrestha’s appointment invalid.
However, the Supreme Court did not accept Karki’s request to be appointed executive chairman himself. The court found that Karki’s claim to the position was not supported by sufficient legal grounds. Therefore, the verdict does not automatically make Karki the new head of Nepal Airlines.
Instead, the government will have to follow the required legal procedure and appoint a new executive chairman.
Another appointment dispute
The latest ruling is not the first time Shrestha’s appointment to Nepal Airlines has faced judicial scrutiny.
On April 13, the government appointed five people to the corporation’s board of directors, with Shrestha among them. The appointments were later challenged in court by Karki, and the Supreme Court annulled the appointments of all five board members.
The subsequent appointment of Shrestha as executive chairman and general manager again became a subject of legal controversy. Thursday’s decision has now brought that appointment to an end.
Shrestha, however, will continue as a member of the corporation’s board of directors under the latest ruling.
Government faces fresh appointment process
The Supreme Court’s decision leaves the government with the task of finding new leadership for Nepal Airlines. The corporation has faced longstanding challenges involving management, financial performance, fleet operations and institutional governance, making stable and accountable leadership particularly important.
The government will now have to ensure that any new appointment fully meets the legal requirements, including the prescribed age limit and other eligibility criteria.
The ruling also sends a broader message about appointments to state-owned institutions. Government decisions involving senior public positions must comply with established laws and standards; otherwise, such appointments can face legal challenges and ultimately be overturned.
For Nepal Airlines, the immediate priority will be to maintain administrative continuity while the government begins the process of appointing a new executive chairman. As the country’s national flag carrier, the corporation’s leadership remains crucial to its efforts to improve management, strengthen operations and address its continuing institutional challenges.
