The Supreme Court has quashed the government’s decision to transfer Dr Pushpa Chaudhary from the Ministry of Health and Population to the Office of Prime Minister and Council of Ministers (OPMCM).

The decision ruled by Justice Mira Khadka and Justice Ishwor Prasad Khatiwada has paved the way for Dr Chaudhary to continue her job at the ministry as the health secretary. However, with Kedar Bahadur Adhikari already appointed to the post, the ministry technically has two persons holding the health secretary’s post.  

Dr Chaudhary on November 1 had filed a writ petition at the apex court challenging her transfer. The court had then issued an interim order, telling the government not to implement its decision.

After the court’s interim order, Chief Secretary Lokdarshan Regmi and chief specialist and former acting health secretary Dr Sushil Nath Pyakurel had filed separate  petitions at the SC on November 21, requesting the court to reconsider its decision regarding Dr Chaudhary’s transfer.

Dr Chaudhary, who was serving at the health ministry, was transferred to the OPMCM by the Cabinet meeting of October 24. In her petition, she had stated that  she was removed without any explanation.

Sources at the Health Ministry claimed that Dr Chaudhary was transferred due to her differences with Health Minister Upendra Yadav.

Adhikari was appointed the new health secretary on December 3.

Medical fraternities and the officials at the Health Ministry have been opposing Adhikari’s appointment, saying that he does not belong to the medical profession, as required by the Health Service Act.  

The Nepal Medical Association and the Government Doctors’ Association of Nepal have warned of a protest if Adhikari’s appointment is not withdrawn.