Intervention of the General Board of the Administrative Justice Court in Higher Education Issues

Abstract

One of the fundamental principles of good governance is that the functions and activities of administrative and judicial bodies are based on policies and rulings outlined in strategic plans and superior documents. Any deviation from these policies and rulings is considered a divergence from them. In this sense, good governance requires coordination among all pillars of a political system in the formulation and implementation of policies and programs. This study addresses an important paradox, arguing that according to the Law of Permanent Provisions of Development Plans, higher education and research institutions in the country are managed through a key entity known as the "Board of Trustees." These institutions, as an exception, possess the authority to operate independently of the general laws and regulations governing state bodies, and are only subject to the resolutions of their respective Boards of Trustees, allowing them to avoid the rigidities of strict government regulations. On the other hand, the General Board of the Administrative Justice Court also holds the authority to intervene in educational affairs (specifically, the resolutions of the Boards of Trustees) and, if it identifies any conflict with laws and regulations, to annul them. This research seeks to address important questions, including: Has the General Board of the Administrative Justice Court adhered to the country's strategic policies and programs in the science and technology ecosystem when dealing with educational matters? If not, what impacts will this have on the country's higher education system? This issue is significant because the rulings of the General Board of the Court can serve as a precedent in similar cases. Using a descriptive-analytical method, this study concludes that the General Board of the Court, contrary to the prevailing policies in higher education, has failed to recognize the independence of higher education institutions. In doing so, the General Board has relied on Articles 3 and 22 of the Constitution, the Fifth Development Plan, the Law on Regulating a Part of Government’s Financial Regulations, and other laws, arguing that the same regulations governing other state bodies also apply to universities. The reaction of the Supreme Council of the Cultural Revolution in passing the resolution "Exclusion of the Decisions of Committees and Specialized Boards of the Ministries of Science, Research, and Technology, Health, Treatment, and Medical Education, and the National Organization for Educational Testing from the Jurisdiction of the Administrative Justice Court and Other Judicial Bodies" can be analyzed in this context.