The Supreme Court has issued an interim order directing that the appointment of Mr. Mukesh Sahani Malah, a non-Dalit, to a position reserved for Dalits in Gandaki Province, shall not be implemented with immediate effect. The Court stated that the appointment appears to be in violation of legal provisions, and has instructed the provincial government, the Public Service Commission, and other concerned parties to submit a written response within 15 days. Although the National Dalit Commission had removed the surname Sahani Malah from the Dalit list, the Provincial Public Service Commission had recommended his appointment based on the certificate issued by the Parsa District Administration Office. The provincial government subsequently appointed him to the fifth-level position of Health Assistant and assigned him to Mahashila Rural Municipality in Parbat.
On 27 November 2024, the Gandaki Province Public Service Commission published a Vacancy Notice reserving one Health Assistant position for candidates from the Dalit community. Dalit candidate Devkrishna Mandal had also competed for the post. Although Mandal passed the written examination and advanced to the interview stage, Sahani was ultimately selected in the final results. The Commission recommended Sahani for appointment on 15 July, and on 20 July the provincial government assigned him to duty. This matter of a non-Dalit being appointed to a Dalit-reserved quota came to light after the alternate candidate, Devkrishna Mandal, filed a writ petition with the Supreme Court. Mandal filed the petition naming the Provincial Public Service Commission, the Gandaki Province Government, Mahashila Rural Municipality, the National Dalit Commission, the Ministry of Home Affairs, the Parsa District Administration Office, and Sahani as respondents. The bench of Justice Binod Sharma on 28 August issued an interim order directing that all actions related to Sahani’s recommendation and appointment be maintained as is until the final decision on the writ petition is made. Following the Court’s order, Sahani is barred from performing any duties in the appointed position.
The National Dalit Commission had decided on 13 July 2022 to remove the surname Sahani Malah, from the Dalit list. The Commission informed the Department of National ID and Registration on 18 July, which in turn circulated the information to all local levels on 3 August 2022. Later, on 23 April 2025, the same information was shared with the Public Service Commissions of all seven provinces. Sahani, however, had submitted a Dalit certificate obtained from the Parsa District Administration Office in April 2019 to the Commission. According to Mandal’s claim, the certificate presented by Sahani had become invalid as early as 2021. Despite this, the Gandaki Province Public Service Commission based its appointment recommendation on that certificate. Although the National Dalit Commission formally requested the Provincial Public Service Commission on 7 August 2025 to cancel Sahani’s recommendation, no action was taken. Consequently, Mandal approached the Supreme Court. In his writ petition, Mandal has requested a directive to annul Sahani’s appointment and recommendation and to appoint him to the position in question. He contends that Sahani’s appointment constitutes a violation of constitutional rights and, by assigning a non-Dalit to a post reserved for Dalits, represents a double injustice against the Dalit community. Upon examination of the National Dalit Commission’s decision, the correspondence sent to the Ministry of Home Affairs and the Department of Identification, and the official Dalit ethnic list, the Supreme Court has determined that Sahani does not belong to the Dalit category. The Court has therefore issued an interim order while directing the respondents to submit written responses.
Spokesperson Nirajan Sharma of the Gandaki Province Public Service Commission stated that the Commission has not yet received the Supreme Court’s order formally. According to him, they accepted the application solely on the basis of the Dalit certificate issued by the Parsa District Administration Office. Although we later became aware that Sahani does not belong to the Dalit category, the selection process had already progressed, and it could not be halted.