THE PRESERVICE TRAINING TO JUDICIAL OFFICER:
A SURVEY STUDY ON COMPETENCY ENHANCEMENT AMONG
NASCENT JUDICIAL OFFICERS-2073.
Submitted To:
CENTRAL DEPARTMENT OF PUBLIC ADMINISTRATION IN THE
PARTIAL FULFILMENT OF REQUIREMENT FOR MASTER DEGREE OF
PUBLIC ADMINISTRATION
Submitted By:
KHUMAN SINGH TAMANG
Symbol No.: 9620533
Regd. No.: 5-1-33-469-97
Email : skstmg@gmail.com
Mobile no.: 9814667495
Research Method in Public Administration-II (610)
CENTRAL DEPARTMENT OF PUBLIC ADMINISTRATION
TRIBHUVAN UNIVERSITY, BALKHU
KATHMANDU, NEPAL
21 November 2023
ACKNOWLEDGEMENTS
This report is not a single work; a lot of people have to be thanked in the completion
of this work. Foremost, I must thank Dr. Narendra Raj Paudel, who kindly provided
me the information about the submission of this report. Additionally, I must also
thank the Rishikesh Paudel, the librarian, Central Department of Public
Administration, Tribhuvan University, Balkhu, who threw adequate message for this
field work and project work for the partial fulfilment of Masters of Public
Administration
I must also credit to the Top Bahadur pun, non-gazette class-I staff of Department of
Research, Supreme Court of Nepal, and Ramesh Kumar Upadhyaya, Section officer at
JSTC for proving the text book of Third Five–Year Strategic Plan of Judiciary of
Nepal (English version) and other materials. These materials played the role of mile
stone for my research.
I would like to thank all the lecturers from the Central department of Public
Administration and my colleagues. I thank my parents and family, without their
continuous help this work could not be success.
___________________
UTTAR MAN RAI
Kathmandu, Nepal.
Table of Contents
Page
1.
Background of the Study
1
2.
Statement of the Problem
3
3.
Objective of Research
4
4.
Significance of the Study
5
5.
Literature Review
5
6.
Research Methodology
10
6.1 Rationale of Selection of Study Area
10
6.2 Research Design
11
6.3 Nature of Data
11
6.4 Universe and Sampling
12
6.5 Tools and Techniques of Data Collection
13
6.6 Data Analysis and Interpretation
13
7
Limitation of the Study
14
8
Conclusion
14
References
15
1. Introduction
Human resource management (HRM or HR) is the strategic approach to the effective
management of people in any organization, so that they help the business gain a
competitive advantage. It is designed to maximize employee performance in service
of an employer's strategic objectives. HR is primarily concerned with the management
of people within organizations, focusing on policies and on systems. HR departments
are responsible for overseeing employee-benefits design, employee recruitment,
training and development, performance appraisal and rewarding. HR also concerns
itself with organizational change and industrial relations, that is the balancing of
organizational practices with requirements arising from collective bargaining and
from governmental laws. The required human resources for the bureaucracy are
acquired from the recommendation of Public Service Commission (PSC), through the
meritocratic exam system. Those recommended human resources are taken as the
selected human resources for the judiciary. After the selection, they are recruited from
the ministry if Law, Justice and Parliamentary Affairs, government of Nepal.
Before posting them to the corresponding courts, pre-service training is provided
under the course of Human Resource Development (HRD), to enhance their
capabilities for judiciary of Nepal. The major objectives of Basic Judicial Training
was to make them familiar and good performance with the various disciplines of the
judicial service and their responsibilities, to discuss the probable challenges and their
solutions to execute their prospective solutions; so as to work with uniformity, to
elucidate the legal provisions and its practical implementation and to advance a
positive attitude and thinking regarding their professional duty and public service
(www.nja.org.np). The same 90 days pre-service training was conducted from
National Judicial Academy, Nepal but this year, it is again conducted from JSTC.
Such newly appointed judicial officers are developed with the competent skill,
knowledge and attitude required to deliver the judicial services during the
adjudication under the judiciary of Nepal. The newly recruited personnel are posted
generally in the office of headquarters i.e. the appellate court to avoid the fault from
them due to the less experience to hold the authoritative post in the district courts. As
well the first year remains as the trial period, relatively sensitive period.
1
As per the global change in the concept and practice of governing system from
classical governing system into the good governance; training system is also changed.
To meet this change government of Nepal has adopted the new approach to develop
the selected all officer including the judicial officers. In the course of it, 90 days preservice training was for the first time delivered to the judicial officers breaking the
trend of previous 7 days, 15 days, 30 days, 35 days pre-service training packages
(Prasain, 2072). The Judicial Service Training Centre (JSTC) was too proud of it and
conducting such long training in its history. The JSTC with its best effort provided the
training with adoption of modification in the syllabus, resource persons,
accommodation as well approaches to teaching and learning.
Besides of JSTC’s effort, is the training really adequate and succeeded to meet all the
needs of trainee? Is also the important question from the eye of academicians. It was
obvious that all the trainee were glad to have such a long period training for the first
time to develop the career as well as first in the history of this institution; JSTC. But
too, academician can’t remain salient to this level of satisfaction of the training rather
tries to explore more and more to the point of formulation of new knowledge. A
number of issues were raised from the trainee during the training period in one side, in
another side the practical verification was to be observed by each trainee during their
profession. The trainees have experienced about two years implementing
competencies developed from the training.
Thus, it is right time for the academician to research out how effective was the 90
days pre-service training to the judicial officers to their profession and further career.
For which the researcher is carrying this research work as the supplementary course
for the masters of Public Administration.
2.
Statement of the Problem
Judicial training centre is confident towards the training schedule and activities of 90
days; carried for the nascent judicial officers to develop them into the required
judicial human resources in the judiciary of Nepal. Honoring the Law Bachelor; the
academic course offered by the Tribhuwan University, individual becomes eligible
candidate for the third class gazette officer for the p[judiciary of Nepal. The eligible
candidates have to passing through the meritocratic examination system conducted
2
from the public service commission, and finally recommended from it to the
government of Nepal. These recommended HR are again recommended from the
Judicial Service Commission and finally appointed from the Ministry of law, Justice
and Parliamentary Affairs, the government of Nepal.
The law is applied science under the social science with the ultimate goal: the justice.
In people’s welfare state: justice is the virtue of the humanity. The judicial human
resources are the pillars for the adjudication oriented towards guaranteeing the service
delivery of the justice to the public. The public trust on judiciary is the social capital
of judiciary. As well, our Nepal has experienced rapid change in the governing
system with enactment of Good governance (conduction & control) Act, 2064, so as
the judicial human resources are to develop for the public service delivery on justice.
Researcher has not found any such researches on post training activities from any
stakeholders, concerned groups or any researchers. Researcher is confident that such
research works will play significant role in feedback and further improvement in
coming programs as the academic institution: the training centre. So, there should be
this sort of research, mostly to academic and training centre; to adopt the change and
have sound management.
3.
Objective of the Study
Following will be the objective of this research:
1. What sorts of capabilities are enhanced from this training?
2. How are the learning internalized by the judicial officers?
3. Are the trainees satisfied with the trainings?
4.
Significance of the Study
The research will have following significance.

The research on “The Pre-service Training to Judicial Officer” is the new and
perhaps the first under the discipline of Public Administration.

The findings will be a part of contribution to the future researchers who want
to research on Human Resource Development and Human Resource
Management.
3

The researcher is highly interested to carry out this research as well as a
trainee to this 90 days pre-service training in 2072.
5.
Literature Review
Training is the means to bring the permanent change to the skill, attitude and
knowledge (Judicial Service Training Centre, 2073). The government has formulated
the policies that none of the civil servant will miss the training. Per-service and in the
service training are compulsorily being offered to them for the Gazette Officers.
Training institutions are established under all corresponding department and the
ministries of government of Nepal. For judicial human resources, JSTC and NJA are
the main training institution
Pursuant to this policy of the Nepal government, the 90 days pre-service training had
offered to the nascent judicial officers for the first time by JSTC with covering
different subject areas require for personal and professional life of judicial officers.
The motto of this training was to enhance all the three component of competencies;
skill, knowledge and attitude among the participants orienting to the goal of judiciary
the “speedy justice, justice for all” set in the Third Five-Year Strategic Plan
(2071/072-2076/077) of Judiciary of Nepal.
Skill is one of the components of the competencies of the participant to be changed as
per the need of the organization. From the pre-service training the newly appointed
officers are to shape with enrich of judicial skill and other too, to work in the
adjudication oriented to the delivering of public service on justice.
Skill
Componen
t of
Competeci
es
Attidute
Knowledg
e
Figure no.1: The component of the Competencies.
4
There is remarkable change in the judiciary of Nepal, the introduction of ICT, egovernance, “speedy justice, justice for all”, implementation of Strategic plan of
Judiciary of Nepal, transformation of unitary court structure to the federal court
structure, practice of good governance etc. To see the expected results, the officers
need to deserve the competencies for it.
IT
Focal Skill
Adjudicating
Professional
Figure no.2: The component of the Skill for judicial Officers.
Knowledge is the systematic assemble of information possessed by the individual
which plays important role in the performance during the job. The training usually
throws adequate information in the related field designed to shape the participants as
per the objective of the training. The information may be theoretical, pragmatic or the
empirical. The theoretical information may be in the form of proposition, principles,
theory and so on: which builds the certain perspective in the participants. The
information does not have direct implementation in the real life during the job but
keeps the great meaning in the professional life. The pragmatic information has direct
application in the day to day life of the profession. While the empirical information
provide the idea based on the experience of the seniors from the related field.
Theoritical
Component
of
Knowledge
Empirical
Pragmatic
5
Figure no.3: Components of Knowledge.
The above Figure no.3 has shown the component of knowledge delivered in the
raining to shape the nascent judicial manager to meet the goal of the judiciary of
Nepal.
As this research topic is new in the context of Nepal, so it is hard to find adequate
material related to this topic and as well the field. The prominent problem in Nepal is
the poor system of academic research works for the sound recommendations towards
the conducted programs by which better adjustment could be made to meet the
demand to accompany the sustainability. Most of the web pages are not updated, this
results the poor e-governing system and devoid of availability of required information
to any research work or to any decision making process.
In spite of rarer literature, I have tried to review the following literatures related to my
research topic.
1. NJA News letter, Volume 2, Issue 2, November, 2016-March 2017, 30 June
2017 1: In this news letter, an article on “Basic Judicial Training (BaJuT-I)
for Class-III Officers of Nepal Judicial Service”: the same pre-service
training to the nascent judicial officer is mentioned. It has tried to reflect
the objective of this training, content included, activities carried during the
training and so on.
2.
Kanun Mimangsa, published by Judicial Service Training Centre, 2073,
Kathmandu. This is the book prepare from the compilation of research
material and articles. Most of the articles are related with the training
materials during the conduction of training from this training institute.
3. Srot Pustika, published by Judicial Service Training Centre, 2072,
Kathmandu. This is the book prepare from the compilation of research
material and articles focusing to the judicial non-gazette staffs. It covers
the detail information on judicial proceeding and laws.
4. NJA Newsletter, Volume 2, Issue 3, March 14–July 16, 2017 (Chaitra,
2073–Asadh, 2074), published by National Judicial Academy. This news
letter contains the news on the related training conducted during the
Chaitra, 2073 to Asadh, 2074 from National Judicial Academy.
6
5. NJA Newsletter, (2017). Volume 2, Issue 2, November 16 - March 13,
2017 (Mangsir - Falgun 2073), published by National Judicial Academy.
This news letter contains the news on the related training conducted during
the Mangsir, 2073 to Falgun, 2073, the same 90 days pre-service training
from National Judicial Academy.
6. NJA Newsletter, (2016). Volume 1, Issue 3, March 14 - July 15, 2016
(Chaitra, 2072 - Ashadh, 2073), published by National Judicial Academy.
This news letter contains the news on the related training conducted during
the Chaitra, 2072 - Ashadh, 2073, from National Judicial Academy.
6.
Research Methodology
6.1
Rationale of the Selection of the Study Area
The study will be carried out among the 27 judicial officers who were offered the preservice training after appointed as the third class gazette officer under the judiciary of
Nepal in 2072; they were posted in several courts of Nepal and now delivering the
public service; the justice. So, the area shall be diverse but access is mastered through
the email and phone contacts. The reason behind selection of the research area: the
diverse but accessible generally is as follows:
1. This is the age of e-governance where information systems are expected to be
highly managed from each public institution for the speedy and the effective
services. For which the human resources; the personnel (mostly recently
appointed) are competent to this e-governing system.
2. The data generating tool, the questionnaire will cover and makes the research
manageable.
3. As well most of those judicial officers are closely familiar with the research
work and cooperative too.
4. The researcher myself a native of this area.
6.2
Research Design
The main objective of the study will be to explore how the nacent judicial officers are
developed to meet the demand of public service delivery under the judiciary of Nepal.
7
As well this study is new one under the human resource management. So, an
exploratory research design will be employed for this study.
8
6.3
Nature of Data
6.3.1
Primary Data
Primary information will be highly employed in this study. For this, I will make fill
up the questionnaire sending through the e-mail to my respondents. In the
questionnaire, most of the questions generate the quantitative data, while few of them
generate the qualitative information.
6.3.2
Secondary Data
For secondary data, Published books, articles, reports, minutes as well as other
relevant document will be studied. The secondary data will be collected from Judicial
Service Training Centre, Supreme Court, National Judicial Academy of Nepal and
others too.
6.4
Universe and Sampling
6.4.1
Universe
The nature of my research is highly quantitative, based on the information
obtained from the questionnaire. The 27 judicial officers shall be my universe.
6.4.2
Simple Random Sampling
From this universe, I shall adopt the random sampling methods to draw out the
appropriate 20 respondents. In this method each item of the universe shall have the
equal chance to be selected as the respondent. From which the chances of bias from
me shall be avoided. I shall employ the lottery method under the simple random
sampling method too.
I will use the merit base numbering, provided from the Public Service Commission of
Nepal, during the recommendation after selection and as well appointment from
government of Nepal too. These all 27 judicial officers will be coded with their
ranking number and 27 paper slips with identical shape and size will be made. These
all slips will be folded and mixed up in a container. A blindfold selection will be
9
made till the first 20 respondents will be drawn. The first 20 drawn judicial officers
shall be my sample.
6.5
Tools and Techniques of Data Collection
I will use the questionnaire as the tool to generate the required data for this research
work.
6.5.1
Questionnaire
In this research, the questionnaire as the tool for generating the required data will be
best suited to cover the wide spread respondents, servicing in different courts of Nepal
ranging From district courts to the Supreme court of Nepal. About 30 questions will
be contained in the questionnaire, among them 80 percent question will be closed
ended while rest will be opened. This questionnaire will be sent to the respondent
through the e-mail and received too.
The question will be designed in such a manner for gathering the information to
answer the objective of this research. Every respondent may fill up the questionnaire
within 30 minutes. Researcher, myself shall enumerate the respondents and gather all
required data. The gathered data will be put further for processing and presentation.
6.6
Data Analysis and Interpretation
The collected information will be in the form of the quantitative and some extent
qualitative. Quantitative data are analyzed with appropriate statistical tools as
frequency table, ratio, proportion, measure of central tendencies and measure of
dispersion (as per the need).
While the qualitative information may be in the form of narration, text and even in the
form of the discourse: those information will be analyzed with appropriate tool as the
content analysis, discourse analysis and so on as per the need of the study.
10
7.
Limitation of the study

The research will be carried out for the partial fulfillment of the requirement
of the Master degree in Public Administration.

The research will be conducted within period of 3 months accompanied with
other works.

This survey research will cover only the judicial officers from the badge of
2072.

This research will be probably the first in this discipline and lacks the
adequate literature.
8.
Conclusion
This research proposal entitled “The Pre-service Training to Judicial Officer: A
Survey Study on Capability Enhancement among the Nascent Judicial Officers 2072”, is proposed. The research will be carried with accordance to it. Hope the
Finding will be new and outstanding for the feedback and formulation of new policies
regards to such training.
11
References:
Agrawal, Ram Gobinda (2013) Human Resource Development in Nepal. Kathmandu:
MK Publishers and Distributers.
Agrawal, Ram Gobinda (2012) Foundations of Human Resource Management in
Nepal. Kathmandu: MK Publishers and Distributers.
Bhatta, Bhim Dev (1999) Personel Administration. Kathmadu: Shasi-Bhatta.
Dessler, Gary (2002) Human Resource Management. New Delhi:Prentice-Hall.
Gautam, D.k., et.al., 2072. Research Methodology. Kathmandu; Januka Book House
Pvt. Ltd.
Judicial Service Centre. (2073). Kanun Mimangsa. Kathmandu: Judicial Service
Training Centre.
Judicial Service Centre. (2072). Resource Book. Kathmandu: Judicial Service
Training Centre.
Judicial Service Centre. (2073). Kanun Mimangsa. Kathmandu: Judicial Service
Training Centre.
Kothari,C.R. (2004). Research Methodology: methods and techniques (2nd ed.). New
Delhi: New Age International (p) Limited Publishers.
NJA Newsletter, |(2017). Volume 2, Issue 3, March 14–July 16, 2017 (Chaitra 2073–
Asadh 2074). Kathmandu: National Judicial Academy.
NJA Newsletter, (2017). Volume 2, Issue 2, November 16 - March 13, 2017 (Mangsir
- Falgun 2073). Kathmandu: National Judicial Academy.
NJA Newsletter, (2016). Volume 1, Issue 3, March 14 - July 15, 2016 (Chaitra, 2072 Ashadh, 2073). Kathmandu: National Judicial Academy.
Supreme Court of Nepal, 2071. Third Strategic Plan of Supreme Court. Kathmandu:
Supreme Court of Nepal.
Supreme Court of Nepal, 2066. Second Strategic Plan of Supreme Court. Kathmandu:
Supreme Court of Nepal.
12
Supreme Court of Nepal, 2061. Second Strategic Plan of Supreme Court. Kathmandu:
Supreme Court of Nepal.
Supreme Court of Nepal, 2073. Annual Report of Supreme Court of Nepal.
Kathmandu: Supreme Court of Nepal.
Supreme Court of Nepal, 2072. Annual Report of Supreme Court of Nepal.
Kathmandu: Supreme Court of Nepal.
Supreme Court of Nepal, 2071. Annual Report of Supreme Court of Nepal.
Kathmandu: Supreme Court of Nepal.
Supreme Court of Nepal, 2070. Annual Report of Supreme Court of Nepal.
Kathmandu: Supreme Court of Nepal.
Supreme Court of Nepal, 2069. Annual Report of Supreme Court of Nepal.
Kathmandu: Supreme Court of Nepal.
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