Document Type : Original Article
Highlights
Judicial Control over the Decisions of the Comprehensive Scientific-Applied University in accordance with the General Assembly Jurisprudence of the Administrative Court of Justice
Abstract
Comprehensive Scientific-Applied University (CSAU) is one of the universities under the Ministry of Science and Technology of Iran which was established with the purpose of practical education. The primary goal of this university is to improve the skill level of workers in various economic sectors and to increase the professional skills of the graduates of educational centers who lack executive experience. This university generally conducts applied scientific courses in associate and bachelor degrees and in limited cases master's degrees. According to article 2 of the statute approved in 1371, this university is an educational and research institution with an independent legal personality under the supervision of The Ministry of Science, Research and Technology is located. As a link between higher education and private centers, government and non-government departments, this university has had a significant impact on the expansion and development of the country's national and economic fields as well as entrepreneurship.
The Iranian Administrative Court of Justice has jurisdiction to control on judicial decisions of the Comprehensive University of Applied Sciences as one of the universities under the supervision of the Iranian Ministry of Science. The main question is how judicial control applies on the decisions of this university? For many years after the establishment of this university, the General Assembly of the Administrative Court of Justice, in some cases and opinions, has judicially reviewed the decisions of this university. In this article, we have tried to introduce and review some of the most important aspects of the judicial control of the court. As briefly it can be said that the core of judicial review based on ultra vires of some unlawful decisions. The basic presumption of this article is based on the legal consideration of the content and issues raised in such opinions, and the rules on the limitations of the Comprehensive University of Applied can be help a lot in establishing the rule of law in this complex.
From the point of view of the knowledge of administrative law, the judicial supervision of the decisions of this university is one of the important debates that has received little attention from the legal and judicial system in the research layer. (In terms of research background, there is no special article or work). While in recent years, we have witnessed the issuance of several decisions by the Administrative Court of Justice against or against this university. As a general rule, it should be said that the approvals and decisions of this university, like all government units, are under the judicial supervision of the Administrative Court of Justice.
Finally, after examining the court's procedure, the following results can be enumerated: First of all, carefully in the procedure of the Court and in response to the main question of the article, it should be said that the Court of Administrative Justice, in order to monitor the legality of the university's approvals, has three important issues, prohibition of discriminatory decisions, retroactive approval, and finally leaving the jurisdiction and powers, has tried to cancel the decisions and approvals of this university. Second, the small number of votes and complaints against the University of Applied Sciences compared to other government units shows that this government unit has adhered to the principle of rule of law. Among the investigated directions, in terms of plurality, the direction of leaving the jurisdiction has been affected more.
The third important result is that in monitoring the decisions of a comprehensive university of applied science, it is necessary to take into account the special nature of this university and the way this government institution affiliated with the Ministry of Science is related to applied scientific centers that have different private, governmental and public non-governmental natures. In such a way that, first of all, centers of a private nature that only conduct practical scientific courses, Secondly, applied scientific centers of "governmental" and "public non-governmental" nature, which are under the supervision of the university only in terms of education, but in terms of structure, they have a legal personality independent from the university.
Keywords: Comprehensive Scientific-Applied University, Administrative Court of Justice, Judicial Control, Rule of law, Ultra vires
