[PROVISIONAL TRANSLATION FROM PERSIAN]

 

[Translator’s notes appear in square brackets]

[Personal information has been redacted.]

 

 

Court of Administrative Justice

The Judiciary

Court Order

 

“Do not follow (your) base desires, lest you deviate”

Branch One of the Court of Administrative Justice

 

Court Order No.: 9309970900100807

File No.: 9109980900085399

Branch Archival No.: 912204

Date of Issuance: 04 Tir 1393 [25 June 2014]

Enclosure: -----

 

Administrative Court: Branch One of the Court of Administrative Justice

Head/Prosecutor:  Branch One, Mohammad Ashourlou

Plaintiff: Yasaman Haghighat Mehlabani, daughter of Ramin, address [redacted]

Respondent: Imam Khomeini International University in Qazvin

Subject of grievance and claim:  Reinstatement to the university as described in the text of the petition

Procedural Synopsis: Plaintiff has submitted a petition as per the above to the Court of Administrative Justice, which, subsequent to being registered under general number 9109980900085399, was forwarded to this Branch for action.  The request was therefore brought before the undersigned, where the case records were reviewed.  In brief, the plaintiff has stated that “…in 1390-91 [2011-12], I participated in the National University Entrance Examination and was accepted…and after enrolment, on 29 Mehr 1391 [20 October 2012] an agent of the [Ministry of] Intelligence summoned me and said that because of being ill I could not continue my education…for this reason, I request a review.” The respondent, in a letter which was registered at the Branch under number 2656, dated 25 Aban 1392 [16 November 2013], has, in brief, asked that the plaintiff’s request be dismissed. Despite repeated efforts, the legal department of the Office of Ḥirásat[1] of the university was unable to obtain legal documents from the University Security Office. The Branch, subsequent to considering the case records, and in light of the above, concludes this hearing and issues a decision as follows:

 

Decision of the Court

Considering that, firstly, there is no obligation to invite or have the respondent present, inasmuch as there is no documented evidence to support the need for such representation; secondly, as indicated in the letter of response, expulsion of the plaintiff was done subsequent to her acceptance at the university, and not as a result of the university’s decision; thirdly, there is no evidence to justify her expulsion, even from the Ministry of Intelligence and that a person’s right to education cannot be revoked without substantive reason and in accordance with the regulations; and that such action is contrary to Articles 3, 19, 20, 23, and 30 of the Constitution of the Islamic Republic of Iran; and given that there has been no substantive defence by the respondent, [the court] accepts the request and finds in favour of the plaintiff, and, pursuant to Articles 10 and 11 of the Court of Administrative Justice Procedural Code 1392 [2013/14], the court endorses the petition and orders the respondent to grant her request as noted.  This court order is pursuant to Article 65 of the said Code and can be appealed within 20 days of its issuance at the appeal divisions of the Court of Administrative Justice.

 

Head of Branch One of the Court of Administrative Justice

Mohammad Ashourlou

[Signature]

[Stamp––Certified Copy]

 

[Address]

 

 

 

 

 

[1] [Security Office: Ḥirásat: An intelligence service that has an office in every university and governmental organization in Iran]