Supreme Court Orders Concrete Action Against the Government Appointment at Nepal Airlines Corporation

September 5, Kathmandu — The government’s decision to appoint an 80-year-old individual as Executive Chairman and Managing Director of Nepal Airlines Corporation has been declared illegal by the Supreme Court at first glance.

On 30th Ashad 2083 (mid-July 2026), the government appointed 80-year-old Maheshwor Bhakta Shrestha as Executive Chairman of Nepal Airlines Corporation. Following this ruling deeming the appointment illegal, Shrestha was dismissed, and Upendra Bahadur Karki, a board member of the corporation, filed a writ petition in the Supreme Court, demanding his own appointment to the position.

On Thursday, the Supreme Court bench comprising Justices Sunil Kumar Pokharel and Bal Krishna Dhakal ruled that the appointment of Shrestha as Executive Chairman and Managing Director was contrary to the government standards and the corporation’s procedures.

Under Section 3(घ) of the Nepal Government’s Standards for Appointment and Nomination of Public Body Officials, 2073 (2016), the age limit for the Chief Executive is between 30 and 65 years, and officials must be at least 35 years old.

Similarly, Article 5(1)(ख) of the corporation’s Managing Director Selection Procedure, 2082 (2025), states the Managing Director must be at least 35 years old and should not exceed 65.

“According to the established standards and procedures, it is clear that anyone appointed as Managing Director should not exceed 65 years of age. At the time of appointment, Maheshwor Bhakta Shrestha was 80 years old, which clearly indicates that the appointment was flawed,” the Supreme Court order reads.

The Supreme Court directed the annulment of the Cabinet decision appointing Shrestha as Managing Director and Executive Chairman on grounds of non-compliance with the law.

On the other hand, the Court ruled that Upendra Bahadur Karki’s demand to be appointed as Executive Chairman in place of Shrestha was also not in accordance with the law.

Karki had argued that since he scored the highest marks in the recommendation process for the Board of Directors of Nepal Airlines Corporation, he should be appointed as Chairman.

However, the Supreme Court emphasized that the authority to appoint the Managing Director, Chairman, and Vice Chairman lies solely with the government, and Karki’s demand is not legally justified.

“The authority to appoint positions such as the Executive Chairman is explicitly prescribed by law. Therefore, directing the appointment of the petitioner to this position would also harm judicial restraint,” the Court’s order states. “The recommendation to appoint Karki, who scored the highest in the Board selection process, as Managing Director and Executive Chairman is not in accordance with the law.”