Examining Holding Public Jobs and Being a Member of the University Faculty at the Same Time

Document Type : Original Article

Authors

1 Assistant Prof. in Public law, Islamic Azad University, South Tehran Branch

2 Ph.D. Student in Public Law, Allameh Tabatabaei University

10.22034/mral.2023.1996427.1448

Abstract

According to Article 141 of the Constitution, holding educational positions in universities and research institutions while holding government positions is one of the exceptions to the prohibition of holding more than one government job. However, the limits and scope of the prohibition of Article 141 and the permission raised under it have always been ambiguous. This article is specifically looking for an answer to the question of what is the ruling on simultaneously holding public jobs and being a member of the faculty of universities. For this purpose, with a descriptive-analytical view, the text of the Constitution and other legal sources of the country have been examined and finally it has been decided that this matter is permissible. The normal routine of the country's administrative system, as well as a number of regulations and the unanimous decision of the Administrative Court of Justice in 1402, all agree on the impossibility of combining these two jobs. However, the arguments and legal findings of this article show that teaching faculty members, regardless of the nature of the university where they serve and regardless of whether their employment is full-time or part-time, have the possibility to simultaneously hold another organizational position in institutions. hold public and government office. For this purpose, the administrative regulations must be formulated in such a way as to provide the conditions for the fulfillment of this basic legislative provision, and any regulation that specifies this is clearly against the constitution.

Highlights

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Keywords

Main Subjects


  1. Examining Holding Public Jobs and Being a Member of the University Faculty at the Same Time (Brief Review)

     

    1. Prologue

    According to Principle 141 of the Constitution, holding educational positions in universities and research institutions while holding government positions is one of the exceptions to the prohibition of holding more than one government job. However, the limits and scope of the prohibition of Principle 141 and the permission under it have always been ambiguous. The present article specifically seeks to answer the question of what is the ruling on simultaneously holding public jobs and being a member of the faculty of universities. For this purpose, with a descriptive-analytical view, the text of the Constitution and other legal sources of the country have been examined and finally it has been decided that this matter is permissible. Based on this, teaching faculty members, regardless of the nature of the university where they serve, have the possibility to hold another organizational position in public and government institutions at the same time, and the administrative regulations must be formulated in such a way that the conditions of this basic legislative prescription are met.  The content of this article is simply based on three main sections, the section 1 is about deep analysis of legal text and documents. The two final sections (2 and 3) will be about two main poles of view to the agreement or disagreement in occupying governmental job and being member of faculty professor simultaneously. Finally its valuable to notice that the methodology of this article is as sharp as it is clear and simplified, to enlighten it more, just to point at the integration of three ambiguous term (Job, Title, Post) made a strong basis for understanding the legislator’s will.

    1. Section 1 of Article: Deep Analysis of Legal Texts and Documents

    The foundations of this article are made with analysis and defining of some main terms:

    1. Governmental Employee
    2. Job
    3. Academic Title
    4. Section 2 of Article: the CONS

    While there are numerous benefits to having faculty council members work in governmental jobs, there are also some potential disadvantages that should be considered. This article aims to shed light on these drawbacks and provide a balanced perspective on the topic. One disadvantage of faculty council members working in governmental jobs is the potential for conflicts of interest. When individuals transition from academia to government positions, they may be faced with situations where their personal beliefs or interests clash with the policies they are expected to implement. This can create ethical dilemmas and compromise the integrity of their decision-making process. Additionally, there may be instances where faculty council members are required to advocate for policies that are not aligned with the best interests of their academic community, leading to a loss of trust and credibility.

    Another disadvantage is the potential for a loss of focus on teaching and research. Faculty council members who take on governmental roles may find themselves consumed by the demands and responsibilities of their new positions. This can result in a reduced capacity to contribute to their academic institutions, impacting their ability to effectively teach and conduct research. The time and energy devoted to governmental work may detract from their primary role as educators and researchers, potentially diminishing the quality of education provided to students.

    Furthermore, working in governmental jobs may limit the academic freedom of faculty council members. In academia, individuals have the freedom to explore and express diverse ideas and perspectives without fear of censorship or repercussion. However, when working in government positions, faculty council members may be subject to political pressures and constraints that limit their ability to freely express their opinions or engage in critical discourse. This can stifle creativity, innovation, and intellectual growth within the academic community. Additionally, the transition from academia to government may result in a loss of connection with students and the day-to-day realities of educational institutions. Faculty council members who are actively engaged in teaching and research have firsthand knowledge of the challenges faced by students and faculty. However, by moving into governmental roles, they may become disconnected from these experiences, leading to a potential loss of empathy and understanding. This can hinder their ability to effectively advocate for the needs and concerns of their academic community. Lastly, faculty council members working in governmental jobs may face challenges in balancing their multiple roles and responsibilities. Juggling the demands of academia and government can be overwhelming and may lead to burnout or a lack of effectiveness in either role. The time and effort required to excel in both domains can be demanding, potentially impacting the quality of work and overall well-being of faculty council members.

    In conclusion, while there are benefits to having faculty council members work in governmental jobs, it is important to consider the potential disadvantages as well. Conflicts of interest, a loss of focus on teaching and research, limited academic freedom, a loss of connection with students, and challenges in balancing multiple roles are all factors that should be taken into account. It is crucial to carefully evaluate the individual circumstances and priorities of faculty council members before encouraging their engagement in governmental work. Ultimately, finding a balance between academia and government is essential to ensure the continued success and effectiveness of faculty council members in shaping the educational landscape.

    1. Section 3 of Article: the PROS

    Faculty council members play a crucial role in shaping the educational landscape and ensuring the smooth functioning of academic institutions. While many council members choose to remain within the confines of academia, there are numerous benefits to having faculty council members work in governmental jobs. This article explores some of these advantages and sheds light on why it is beneficial for faculty council members to engage in governmental work.

    Firstly, faculty council members working in governmental jobs have the opportunity to directly influence policies and decisions that impact the education sector. As representatives of the academic community, their expertise and insights can greatly contribute to the development and implementation of effective educational policies. By participating in government committees and advisory boards, faculty council members can actively shape the direction of education, ensuring that it aligns with the needs of students and the larger society.

    Secondly, faculty council members in governmental jobs can bridge the gap between academia and policy-making. Often, there is a divide between theoretical knowledge and practical implementation. By working in government positions, these individuals gain firsthand experience of the challenges faced by policymakers and can provide valuable perspectives on how to address them. This collaboration between academia and government helps create a more holistic approach to education, where decisions are informed by both research-based evidence and practical considerations.

    Thirdly, governmental jobs offer faculty council members the opportunity to expand their professional networks and collaborate with experts from various fields. In academia, interactions are largely limited to fellow educators and researchers within the same institution or discipline. However, by engaging with government officials, policymakers, and professionals from diverse backgrounds, faculty council members can broaden their horizons and gain a deeper understanding of the complexities involved in education policy-making.

    Furthermore, working in governmental jobs allows faculty council members to enhance their leadership skills. As they navigate the intricacies of policy formulation and implementation, they develop valuable qualities such as negotiation, communication, and decision-making abilities. These skills not only benefit their work within academia but also contribute to their personal and professional growth. The experience gained in governmental roles can be leveraged to inspire and guide future generations of educators, preparing them for leadership positions within academic institutions.

    Lastly, faculty council members working in governmental jobs have the opportunity to advocate for the interests of their academic community. By being directly involved in policy discussions, they can ensure that the unique needs and challenges faced by educational institutions and their faculty are taken into account. This advocacy role is crucial in safeguarding the quality and integrity of education, as well as securing resources and support for academic institutions.

    In conclusion, faculty council members working in governmental jobs bring a wealth of knowledge and expertise to the policy-making table. Their involvement helps bridge the gap between academia and government, fostering collaboration and ensuring that decisions are based on both theoretical insights and practical considerations. By engaging in governmental work, faculty council members can directly influence educational policies, expand their professional networks, develop leadership skills, and advocate for the interests of their academic community. These benefits highlight the importance of encouraging faculty council members to actively participate in governmental roles, ultimately leading to a more robust and effective education system.

    1. Conclusion

    Due to the unique characteristics of academic and research institution title holders, The constitution in our country has included them in the rule of exception from having two governmental job prohibition and that any nonobservance of the law would appear to be a violation of the constitution.  As there is a permission to do what is allowed in its proper instruments, there are administrative forms to be arranged so as to guarantee the principle.n.141 , and especially in the term of Presence and Absence of employees, Presence of the individuals would be provided in both Jobs(Titles).

     

Volume 6, Issue 18
Sixth year, 18th issue, Spring 2024
March 2024
Pages 369-394
  • Receive Date: 18 March 2023
  • Revise Date: 01 November 2023
  • Accept Date: 21 November 2023