Nepal Health Service Act, 1997

Chapter-3
Filling of Positions in the Health Service

Amended by the Fourth Amendment.8. Filling of Positions in the Health Service: (1) The prescribed positions at the following levels of the Health Service shall be filled as follows:–

 Level By Open Competition By Promotion

 By Evaluation of Work Efficiency By Internal Competitive Examination By Adjustment through Evaluation of Work Performance and Experience
 (a) Fourth 100% - - -
 (b) Fifth 65% - 20% 15%
 (c) Seventh 65% - 20% 15%
 (d) Eighth (Medical Practitioner) 100% - - -
 (e) Ninth (Medical Practitioner) 20% 40% 40% -
 (f) Ninth (Nursing) 20% 40% 40% -
 (g) Ninth (Other than Medical Practitioner and Nursing) 20% 50% 30% -
 (h) Eleventh 10% 50% 40% -
 (i) Twelfth - 100% - -

(2) The minimum educational qualification required for open competition shall be as prescribed.

(3) If any employee who is at the same level or who has obtained a designation by upgrading to the same level but has not yet been adjusted and posted pursuant to this Act, fulfills the qualification stipulated for such examination for a position at any level to be filled by open or internal competitive examination, such employee may also sit for such examination.

(4) Notwithstanding anything contained in Sub-section (1), if there is no employee at a level lower than the position to be filled, such position shall be filled by open competition.

(5) Notwithstanding anything contained in Sub-section (1), to make the Health Service inclusive, forty-five percent of the positions to be filled by open competition shall be set aside, and considering that percentage as one hundred percent, positions shall be filled by conducting competition only among candidates as follows:–

(a) Women — Thirty-three percent
(b) Indigenous nationalities/Janajatis — Twenty-seven percent
(c) Madhesi — Twenty-two percent
(d) Dalit — Nine percent
(e) Persons with disabilities — Five percent
(f) Backward region — Four percent

Explanation:

(1) For the purpose of this Sub-section, "Backward region" means the districts of Achham, Kalikot, Jajarkot, Jumla, Dolpa, Bajhang, Bajura, Mugu and Humla.

(2) For the purpose of clauses (a), (b), (c) and (d) of this Sub-section, "Women, indigenous nationalities/Janajatis, Madhesi and Dalit" means women, indigenous nationalities/Janajatis, Madhesi and Dalit who are economically and socially backward.

(6) While determining the percentage pursuant to Sub-section (5), a fraction of less than one percent shall be moved to the next group immediately after the group from which the fraction came.

(7) If suitable candidates are not available in the advertisement for the year for which the advertisement is made for the positions set aside pursuant to Sub-section (5), such positions shall be included in the advertisement for the next year, and if suitable candidates are not available even after advertising accordingly, such positions shall be included in the positions to be filled by open competition in the following year.

(8) The provision of filling positions according to the percentage determined pursuant to Sub-section (5) shall be reviewed every ten years.

(9) In case of any dispute in determining the number of positions according to the percentage pursuant to Sub-section (5), the decision made by the Public Service Commission shall be final.

(10) For positions or levels other than those filled pursuant to Sub-section (1), upgrading shall be done under Section 9.

(11) Other provisions relating to filling of positions shall be as prescribed.