[PROVISIONAL TRANSLATION FROM PERSIAN]
[Translator’s notes appear in square brackets]
[Personal information has been redacted.]
Court of Administrative Justice
Case Number: ------
Referred to Branch -----
Signature of the head of the court -----
Number and date of the registration -----
In the Name of God
Profiles of the parties:
Appellant: Name: Faria; Surname: Tebyanian, Father’s name: Manuchehr; Occupation: -----; Address: [redacted]
Attorney for the Appellant: -----
Defendant: 1- Ministry of Sciences and Higher Education, 2- Jihad Daneshgahi University in Rasht [Higher Education Research Institute, Rasht] Non-profit
Subject of grievance and claim: To return to university – request for an interlocutory injunction [temporary order]
Statement, reasoning and proofs: Respectfully, in light of the existing documents, copies of which are submitted herewith, this is to inform you that I, the undersigned Faria Tebyanian, participated in the National Entrance Examination in the academic year 1385 [2006/2007] and was subsequently accepted in the Faculty of Architecture at the Jihad Daneshgahi University in Rasht.
Following my registration, I completed two school terms. However, in the third term I was summoned to the office of the president of the university and was told that owing to my being a Baha’i, I had no right to enter the faculty or participate in the classes. Despite my insistence, I was not given a written document regarding this decision and my complaint regarding this decision was ignored. Further [to receiving this decision], I approached the Ministry of Sciences and Higher Education and reported the said decision both verbally and in writing. Unfortunately, the ministry endorsed the decision of the university and categorically disregarded my request to return to school. Moreover, the ministry also refused to give me anything in writing. I have, therefore, lost my right to university education.
With respect to the above statements, not only the are actions of the aforementioned institutions entirely against the law and a clear violation of human rights, they are also contrary to the Constitution of the Islamic Republic of Iran, for example, Sections 3, 4, 9 and 14 of Article 3, as well as Article 30. Furthermore, according to Article 23, scrutiny of an individual’s beliefs is forbidden. Based on Article 14, all basic rights of non-Muslims should be respected. Moreover, Articles 19 and 20 further stress the equality of citizens before the law and their protection thereby. Based on Articles 26 and 27 of the Declaration of Human Rights, and in light of Article 13 of the International Covenant on Economic, Social and Cultural rights, both of which are officially endorsed [by the government of Iran], the right to education is a fundamental right of every individual. Also, equality of individuals before the law has been recognized in Article 26 of the International Covenant on Civil and Political Rights. Based on Article 9 of civil law, these international policies, to which Iran is a signatory, are binding.
As the respected judges of the administrative court of justice are well aware, the right to [individual] progress and advancement is officially recognized by the United Nations and is also a vital principle of the sacred religion of Islam—which regards the acquisition of knowledge highly. How is it that the executive authorities of a country forbid their citizens this responsibility, deprive their citizens of this natural right and discriminate against them? This is contrary to paragraph 9 of Article 2.
Considering that the actions of the above-noted institutions are in violation of individual rights and freedoms, my request to the tribunal is to issue a interlocutory injunction to remove the ban on my presence in the classes and issue a verdict based on the annulment of the decision rendered by the above-noted educational institutions.
20 Esfand 1386 [10 March 2008]