by the decision of the Court of Administrative Justice; Revoking the ban on the transfer of teachers with the right to teach before 10…
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Mehr: The ban on the transfer of teachers and educationalists before 10 years was invalidated by the decision of the Administrative Court of Justice.
The General Board of the Court of Administrative Justice considered paragraph 5 of the regulation on the transfer of educators dated 3/6/1402 regarding the impossibility of transferring teachers and educators of the literacy movement before 10 years illegal and voted to cancel it.
According to the workflow of this case, the plaintiff has requested the annulment of paragraph 5 of the regulations on the transfer of educators of the year 14031402, number 710/4, 6/3/1402, of the Ministry of Education’s Ministry of Education’s Ministry of Education’s resource development planning, by means of a petition filed by the Ministry of Education. .
The text of the decision of the General Board of the Court of Administrative Justice dated 12/15/1402 is as follows:
First of all, the executive regulations of paragraph 3 of article 1 of the law of adding an article to the law on determining the employment duties of teachers and teachers of the literacy movement, which the clause complained about is related to article 2, was approved in the implementation of paragraph 3 of the above law, and the said paragraph of the aforementioned law contains a ruling. It is not about transfer and the sentence of paragraph 3 of the single article of the law is about the method of education and admission in Farhangian University, and therefore, the sentence of article 2 of the Executive Regulations of Sadr al-Zekr, which is the paragraph complained of, is beyond the scope of authority.
Secondly, according to the numerous votes of the General Board of the Administrative Court of Justice, including documents No. 14009970905813058 dated 11/23/1400, 140109970905810118 dated 1/20/1401 and 14023139000383535 dated 2/19/1402 of this board, the condition of submitting a notarial undertaking stating that there is no request for transfer within the period After starting his service, Moin was found to be against the law and revoked.
Thirdly, the administrative requirements require that it is possible to transfer troops in case of necessity and according to the need, and the prohibition foreseen in the complained clause prevents the transfer of troops in necessary cases.
Fourthly, in the general laws and regulations of the country, including the Civil Service Management Law, the right to transfer and relocation of employees is provided.
Fifthly, establishing mandatory rules in the field of prohibiting the transfer of the duties and powers of the legislative branch is pre-authorized by the legislator.
With regard to the above, paragraph 5 of the transfer and transfer of educators of 1403, 1402 under number 710/4 dated 3/6/1402, which includes the impossibility of transfer of teaching rights teachers and educators of the literacy movement before 10 years, is against the law and It is beyond the scope of authority and it is canceled based on paragraph 1 of Article 12 and Article 88 of the Law of the Administrative Court of Justice approved in 2013.
Based on Article 93 of the Administrative Court Law (amendment approved 2/10/1402), this decision is valid and valid in the proceedings and decisions of judicial and administrative authorities.
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