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Master of Educational Management, Allameh Tabatabai University
10.22106/jcr.2024.562191.1424
Abstract
According to Article 35 of the Civil Service Law, "Educational exemption is given only once for each level." However, the General Board of the Court of Administrative Justice, in the review of Circular No. 2/2/325-23 dated 03/22/1395 of the Naja public duty organization - which emphasized this issue - proceeded to issue decision No. 2071 and made a decision based on it. that this causes restrictions on the right to education, and for this reason, it has canceled this directive.In this article, while examining the statement accepted by the plaintiff and the general board of the Court of Administrative Justice, it was concluded that the interpretation of Musa of the Court of Administrative Justice is the principles of jurisprudence and legal rules and if the general theory of the court regarding the possibility of re-education is considered. . It has been accepted in the previous sections that this can become a big corruption of fraud against the law and it creates the power for the subject to use the educational exemption to do good to his duty of performing the public duty of creating good, even depriving himself of this duty again. Revision of this interpretation, which is also contrary to the goals of the legislator, is necessary and unavoidable.
Madadi,M , Vaezinejad,H and Abdolmaleki,Y . (2023). Jurisprudence review - public law No. 2071 of the Board of the Administrative Court of Justice. Ray (Judicial Case Review), 12(44), 71-83. doi: 10.22106/jcr.2024.562191.1424
MLA
Madadi,M , , Vaezinejad,H , and Abdolmaleki,Y . "Jurisprudence review - public law No. 2071 of the Board of the Administrative Court of Justice", Ray (Judicial Case Review), 12, 44, 2023, 71-83. doi: 10.22106/jcr.2024.562191.1424
HARVARD
Madadi M, Vaezinejad H, Abdolmaleki Y. (2023). 'Jurisprudence review - public law No. 2071 of the Board of the Administrative Court of Justice', Ray (Judicial Case Review), 12(44), pp. 71-83. doi: 10.22106/jcr.2024.562191.1424
CHICAGO
M Madadi, H Vaezinejad and Y Abdolmaleki, "Jurisprudence review - public law No. 2071 of the Board of the Administrative Court of Justice," Ray (Judicial Case Review), 12 44 (2023): 71-83, doi: 10.22106/jcr.2024.562191.1424
VANCOUVER
Madadi M, Vaezinejad H, Abdolmaleki Y. Jurisprudence review - public law No. 2071 of the Board of the Administrative Court of Justice. Ray (Judicial Case Review). 2023;12(44):71-83 (In Persian). doi: 10.22106/jcr.2024.562191.1424