Stay order issued against Jha’s appointment

KATHMANDU, JAN 01 - The Supreme Court on Monday issued a stay order against the appointment of Digambar Jha as the new chairman of the Nepal Telecom munications Authority (NTA). The government had named Jha as the NTA chief on Dec 4, 2012.

A division joint bench of Judges Kalyan Shrestha and Sushila Karki issued the interim order ruling that Jha did not possess the required qualifications for the post.

Jha’s appointment had drawn criticism as it was against the Telecommunications Act and Regulation 1997 and the criteria set by the Ministry of Information and Communications.


A candidate for the NTA chairman’s post needs to be qualified and experienced in technical and administrative areas, market management, accounts and auditing or legal field related to the telecommunications service. However, Jha only holds a bachelor’s degree in mechanical engineering, and has no expertise in the telecom sector.

Minister for Information and Communications Raj Kishor Yadav and Chief Secretary Lila Mani Paudel had heated arguments regarding Jha’s qualification before he was appointed to the post. Jha was named the chairman based on the direct proposal presented to the Cabinet by the Minister Yadav.

Two writ petitions had been filed at the Supreme Court seeking a stay order against Jha’s appointment citing his lack of qualification and professional experience as required by the telecommunication law. Biswanath Goyal, one of the three short-listed candidates for the NTA’s chief post, had filed a writ on Dec 7. Similarly, on Dec 12, a trio of advocates Jagannath Mishra, Sushil Kaji Baniya and Hari Chandra Timalsena had filed another writ.

In response to the petitions, the division bench ruled that the incumbent NTA chairman not be allowed to continue in his post until the court had given a final verdict. As per the Telecommunication Regulation, the NTA chairman should have at least a bachelor’s degree and 10 years’ experience in the related field. Jha is the former managing director of Nepal Oil Corporation.

NTA officials said that the absence of the chairman and an incomplete board would have a negative impact on the telecom sector. “Important decisions cannot be made without a full board,” said Ananda Raj Khanal, director at the authority. He added that depending on the seriousness of the sector, the Communications Ministry could pick a senior NTA official or form a committee of NTA board members and officials to carry out regular work and make important decisions.

The post of the NTA chairman had remained vacant for more than four months after chairman Bhesh Raj Kanel resigned in August. Immediately after Jha became the new chairman, the NTA had intensified preparations to issue unified licences to small telecom companies including Smart Telecom. Subsequently, a writ was filed at the Supreme Court against the unified licence provision arguing that it had been introduced in violation of Telecommunication Act.

Jha, Goyal and Anil Jha had been short-listed for the chairman’s post by a selection committee headed by Communications Secretary Surya Prasad Silwal. With Anil Jha having been appointed as the general manager of Janak Shikshya Samagri Kendra, Goyal became the dominant candidate compared to Jha due to his experience in the telecom sector.