[PROVISIONAL TRANSLATION FROM PERSIAN]

 

[Translator’s notes appear in square brackets]

[Personal information has been redacted.]

 

[Emblem]

Judiciary

Court of Administrative Justice

 

In the Name of God

Do not follow your own desires, lest you deviate [Quran 4:135]

Court Decision

 

Date: 138-----

Number: -----

Enclosure: -----

 

Date of review:  21 Esfand 1386 [11 March 2008]

Case reference:  621/1/86

Decision Number:  2925

Investigating Authority:  Branch 1 of the Court of Administrative Justice

Appellant:  Anis Safajou, son of Shahram.  Residential address [redacted]

Respondent:  1. Ministry of Science, Research and Technology, 2. Ershad Private and Non-Profit University (Damavand)

Nature of Claim:  Appeal against expulsion

Procedural synopsis:  The appellant has submitted an appeal to the Court of Administrative Justice against the defendants and sought [to be re-enrolled at the above-named University].  Upon filing the appeal under ref. 26306 – 14 Mordad 1386 [5 August 2007], it was forwarded to this branch to be reviewed.  After reviewing the content of the file, the undersigned concluded the hearing in a special session, and rendered the decision noted hereunder.

 

Court Decision

With regard to the claim made by the appellant concerning his expulsion from university for the reason of not being a member of one of the country’s officially recognised religions—to which the plaintiff has admitted—and, furthermore, with reference to a provision of the Supreme Council of the Cultural Revolution, considering that the appellant failed to convincingly challenge the respondent’s decision and prove it contrary to the [pertinent] rules and regulations, the appeal against the afore-mentioned Ministry has no merit and the request for adjudication is therefore dismissed.  As to the appeal against Ershad private and non-profit University, considering that this institution is not a governmental institution as defined in Article 13 of the Administrative Justice Tribunal Act, nor is it included in the list of non-governmental public organizations, the Court of Administrative Justice has no jurisdiction to review the appeal and consequently the  dismisses it.  In light of the appendix to Article 7 of the Administrative Justice Act, ratified in 1385 [2006/2007], this decision is final and binding.

 

Prosecutor:  Branch 1 of the Court of Administrative Justice - Rezaie

Council:  Branch 1 of the Court of Administrative Justice - Ghavami

Council:  Branch 1 of the Court of Administrative Justice - Molabeigi

 

[Signature] Amiri

28 Ordibehesht 1387 [17 May 2008]

[Signature over official stamp]

Certified and true copy

Secretariat of Branch 1, Court of Administrative Justice