The Journal of Modern Research on Administrative Law

The Journal of Modern Research on Administrative Law

Pathology of enlistment quotas from the point of view of the principle of equal opportunities Relying on the procedure of the General Board of the Administrative Court of Justice

Document Type : Original Article

Authors
Mohammad esmaili 1
Morteza Nejabatkhah 2
Ali Akbar Gorji Azandaryani 3
1 PhD student, Department of Public Law, Islamic Azad University, North Tehran Branch; Tehran Iran
2 Associate Professor and Faculty Member of the Department of Law, School of Law and Political Science, University of Mazandaran
3 , Associate Prof., Department of Public Law, Faculty of Law, University of Shahid Beheshti, Tehran, Iran (Corresponding Author)
10.22034/mral.2023.1982669.1417
Abstract
Employing competent and capable forces in a fair and equal process is a necessary condition for the realization of the desired administration and optimal performance of public services, which is realized through the implementation and recognition of the principle of equality of opportunities and employment justice. These principles have been recognized in the third and twenty-eighth principles of the Constitution and Article (41) of the Civil Service Management Law. The contrast of employment quotas in public jobs with the principle of equal opportunities in entering the service is the subject of this article, and in this article it is discussed that according to the judicial approach of the General Board of the Administrative Justice Court, in what way employment quotas in entering public jobs contradict The concept of employment justice and the principle of equal opportunities? Although the expansion of quotas, especially towards the martyrs, as well as the selection of localities, is the dominant practice of the legislator in recent years; But the findings of the research indicate that according to the procedure of the General Board of the Court, it can be concluded that the establishment of any type of quota should be based on strong grounds and arguments that justify the difference in treatment in order to reduce inequalities and in line with the public interest. Every quota should be interpreted narrowly so as not to restrict the way to equal opportunities in employment.
Keywords
Employment
employment quota
equal opportunities
employment justice
Article (41) of the Civil Service Management Law
Subjects
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The Journal of Modern Research on Administrative Law
Volume 5, Issue 17
Fifth year, 17th issue, Winter 2023
Autumn 2023
Pages 38-58

  • Receive Date 11 December 2022
  • Revise Date 01 February 2024
  • Accept Date 29 January 2023