Ray (Judicial Case Review)

Ray (Judicial Case Review)

Criticism of decision No. 602 of the General council of justices of Supreme Court of Administrative Justice regarding the legal nature of Shahed University

Authors
1 Judge of the Court of Audit Graduate of Private Law, University of Tehran Master of Family Law, Shahid Beheshti University Basic Lawyer of a Central Judiciary
2 Graduated from Daily Law, Shiraz University. Graduated from Master of Family Law, Family Research Institute, Shahid Beheshti University
Abstract
Due to a dispute between the branches of the Court of Administrative Justice regarding the jurisdiction of this institution about legal claims on behalf of Shahed University, a unanimous decision was finally issued, citing the "Law on the List of Public Institutions" and the "Statute of Shahed University". The university was recognized as a public institution affiliated with the Martyr Foundation. However, "Article 3 of the Civil Service Management Law" states in a definition of a public Institutions: "A public Institutions is a specific organizational unit that: 2. More than fifty percent of its annual budget should be provided from non-governmental sources; "Is responsible for duties and services that have a public aspect." First, the university is not approved by parliament; Because this university has been established by Article 1 of its statute in line with the historical decree of Imam Khomeini. Secondly, despite the stipulation of Article 4 of the Shahed University Statute on the financing of the University by the Shahed Foundation, a review of the budget text of previous years indicates that the entire university budget in a specific row (No. 120100) in the budget law And is in charge of the state treasury; While the second part of Article 3 of the law stipulates that more than fifty percent of its annual budget should be provided from public Institutions sources. Therefore, considering the delay of the "Civil Service Management Law adopted in 2007" compared to the "Law on the List of Public Institutions adopted in 1994" and the great importance of providing resources and its amount in the recently approved law, it seems that the university can not be included in the scope. He considered public institutions as non-governmental and affiliated with the Martyr of the Islamic Revolution Foundation.
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Volume 11, Issue 40
Summer 2022
Pages 85-99

  • Receive Date 16 February 2022
  • Revise Date 20 February 2022
  • Accept Date 22 February 2022