On the recognition of illegal and cancellation of the results of the competition for the vacant position of director of the School of Arts
No.6001-22-00-6ap/1254 dated 24.01.2023
Plaintiff: T.S.
Respondent: KSU "Department of Education of the Kordai district of the Department of Education of the Akimat of Zhambyl region", KSU "Department of Education of the Akimat of Zhambyl region"
The subject of the dispute: on the recognition of the illegal and cancellation of the results of the November 8, 2021 competition for the vacant position of director of the School of Arts
Review of the cassation appeal of the person concerned PLOT:
By order of the Department of Education dated August 2, 2021, a competition was announced for the vacant position of director of the School of Arts named after T.
By the protocol decision of the competition commission dated August 23, 2021, candidates T.S. and A.Zh. were recognized as meeting the qualification requirements and sent to the next stage of the competition - approval with the Board of Trustees.
From the minutes of the Board of Trustees meeting dated September 15, 2021, 7 out of 9 Board members voted for T.S., 2 Board members voted for A.J. After that, the Department of Education sent two candidates to the Department of Education for approval: A.J. and T.S.
Judicial acts:
1st instance: the claim is satisfied.
Appeal: the decision remains unchanged.
Cassation: judicial acts are cancelled, the claim is returned.
Conclusions:
The local courts concluded that the Department of Education violated one of the stages of the competition for a vacant position, while violation of one of the stages of the competition leads to the illegality of the competition as a whole.
It has been established that there is no repeated disagreement with the Board of Trustees regarding the candidacy of Abdygozhayeva Zh.Zh., since other candidates took part in previous contests to fill the vacant position.
The circumstances indicate that the Department of Education illegally allowed A.Zh.'s candidacy to the next stage of the competition, as she did not receive the support of the Board of Trustees.
It is noted that the Department of Education has committed violations of paragraphs 146,147,148,149 of the Rules, which stipulate that the sixth stage of the competition is carried out through an interview conducted by the Department of Education of the region with the candidate.
A competition commission is being set up to coordinate candidates with the regional education authorities.
For each candidate, an "Assessment sheet of a candidate for the position of head of a state educational organization" is filled out in accordance with Appendix 9 to these Rules and Thematic Areas for interviewing a candidate for the vacant position of head of a state educational organization, as indicated in Appendix 10 to these Rules.
The result of the coordination of the participants of the competition with the educational authorities is drawn up in the form of an extract from the minutes of the meeting of the commission and sent within two working days to the educational authority.
Candidates who have not passed the competition will be notified in writing by the education management body within three working days of the results of the competition.
The Department of Education has not made any decision regarding T.S.'s candidacy, although on September 16, 2021, his candidacy was sent for an interview by the Department of Education.
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