Feasibility of Charging Tuition Fees from Compensatory Courses for Students of Public Universities with an emphasis on the Right to Free Education

Mansourian, Mostafa; ShakibaMajd, Morteza; Fathi, Mahdi

doi:10.22106/jcr.2024.557211.1420

Feasibility of Charging Tuition Fees from Compensatory Courses for Students of Public Universities with an emphasis on the Right to Free Education

Authors

Mostafa Mansourian ¹

Morteza ShakibaMajd ²

Mahdi Fathi ³

¹ Assistant Professor of Public Law, University of Judicial Sciences and Administrative Services, Tehran, Iran

² MA in Public Law, University of Judicial Sciences and Administrative Services

³ Law graduate

10.22106/jcr.2024.557211.1420

Abstract

Clause 3 of Article 3 and Article 30 of the Constitution has recognized the right of individuals to education and emphasized and specified the generalization and expansion of free higher education up to the limit of self-sufficiency. In this regard, according to their independent competence in making rules according to the first article of the law on permanent decrees of the country's development programs approved on 1/16/2016, universities may violate the said right and lead to violation of citizens' rights. One of these cases is the decision of Shahid Beheshti University dated 5/30/97 on the issue of charging tuition fees for compensatory courses, which was requested to be annulled in the Administrative Court of Justice. This article aims to criticize and review the decision issued in this regard with a descriptive-analytical approach. The findings indicate that the court entered the case correctly and issued a verdict. At the same time, the scope of the court's review is to monitor the university's non-exclusion from jurisdiction and the non-promulgation of regulations contrary to the constitution, which have not been considered and cited by the court. Also, the laws cited in the petition do not have the necessary validity.

Keywords

Free Education

Court of Administrative Justice

Shahid Beheshti University

Constitution

Human Rights

Tuition

Subjects