The Ministry of Health does not have the authority to prescribe the continuation of education to people who provide documents that are not authentic

According to the report of Fars News Agency’s judicial group, citing the public relations of the Administrative Court of Justice, following a complaint from the Ministry of Health, Treatment and Medical Education and a request to cancel paragraph 2 of the minutes of the meeting of the six-member special committee to review the status of providers of inauthentic documents dated 12/18/1399, which It was stipulated that “these people are allowed to continue their studies in Qutb-e-Kishor universities (Tehran, Mashhad, Isfahan, Shiraz, Tabriz, Kerman, Mazandaran, Zanjan, Ahvaz, Hamedan) as well as all government and non-government universities located in the city. Tehran and universities affiliated to the armed forces and units of the Islamic Azad University are not located in Tehran, and on the condition that they offer admission from authorized universities and after final registration, their case will be submitted to the Vice-Chancellor for Student and Cultural Affairs of the respective Ministry for a proposal in the Council Disciplinary referral will be made.

After discussion and review in the general board of the Administrative Court of Justice, this paragraph from the minutes of the special committee to examine the situation of the providers of inauthentic documents was canceled due to the contradiction with the rules of the Supreme Planning Council of Medical Sciences, the lack of competence and also the departure from the limits of authority.

It is stated in the said vote; First of all, based on paragraph 20 of the resolution of sessions 429 and 430 dated 7/21/1377 and 8/05/1377 and letter No. 4229/Dash dated 11/25/1377 of the Supreme Council of Cultural Revolution and Articles 2 and 7 of the Law on the Establishment of the Ministry of Health, Medicine and Education Medicine approved in 1364 and clauses 1, 4 and 16 of the Law on Organizations and Duties of the Ministry of Health, Treatment and Medical Education approved in 1367, forming the Supreme Council of Medical Planning in order to adopt policies and guidelines and implement the resolutions of the Supreme Council of the Cultural Revolution in the matter of planning And the development and approval of educational regulations and regulations have been prescribed.

Secondly, based on clause 17 of the said council’s by-laws, “drafting and approving the conditions for the transfer and continuation of studies of Iranian students residing abroad in different levels of education up to the specialized doctorate level within the country”, is one of the duties of the council, and based on this clause, the transfer and continuation of studies of Iranian students Within the country, the conditions of each applicant are transferred to the country, and the High Medical Planning Council is responsible for predicting and determining the transfer criteria.

Thirdly, in line with the fulfillment of the above qualification, the regulations for the transfer of working Iranian students to study in universities and higher education institutions abroad to the universities and faculties of medical sciences and healthcare services of the country (self-governing campuses and excess capacity) in the sixty-second meeting of the council The Higher Planning of Medical Sciences has been approved on 20/10/2014 and has determined the rules related to the transfer of Iranian students who study medicine abroad.

Fourthly, according to the resolution of its 70th meeting held on 6/07/1397, it has approved that from the beginning of 2019 (10/11/1397) all rules and regulations related to the possibility of transferring working Iranian students to study in Abroad universities in the fields of medical sciences are prohibited from canceling and transferring students in the fields of medicine, dentistry and pharmacy to the country during the period of study and before graduation. Resolution No. 518 dated 3/17/1401 announced that according to the powers of the Supreme Planning Council of Medical Sciences in determining the criteria for the transfer of working medical students to study abroad, the resolution of the said council, which involves making decisions regarding the transfer of students An Iranian is studying in foreign universities in the fields of medical sciences, it is not against the law and beyond the limits of discretion and it cannot be revoked. Fifthly, based on paragraph (1-9) of Article 9 of the Regulation on the transfer of working Iranian students to study in universities and higher education institutions abroad to the universities and faculties of medical sciences and healthcare services of the country (self-governing campuses and excess capacity), application review Applicants for transfer to the country are one of the duties of the Student Transfer Council, and the decision of the special committee (six members) to review the status of the providers of inauthentic documents has no legal basis in this regard.

Sixth paragraph (2) of the minutes of the meeting dated 12/18/2019 of the special committee (six members) to investigate the situation of the providers of inauthentic documents, which stipulates: “These people are allowed to continue their studies in Qutb-Kishor universities (Tehran, Mashhad, Isfahan, Shiraz, Tabriz) , Kerman, Mazandaran, Zanjan, Ahvaz, Hamedan) as well as all government and non-government universities based in Tehran and universities affiliated to the armed forces and units of Islamic Azad University based in Tehran, and on the condition of providing admission from authorized universities and After the final registration of his case, in order to make the appropriate decision, it will be referred to the respected Vice-Chancellor of Student and Cultural Affairs of the relevant Ministry for a proposal in the Disciplinary Council”, which includes the granting of admission and registration permission to the persons subject to it in non-Qutb universities and outside Tehran and universities It is independent of the armed forces, and this is despite the fact that according to Bill No. 877/107 dated 4/27/1400, the Head of the General Administration of Legal Affairs and Regulatory Affairs of the Ministry of Health, Treatment and Medical Education stated that the inauthenticity of diplomas and pre-university degrees of the mentioned persons It has been approved by the Ministry of Education and the General Board of the Administrative Justice Court has also previously and Bras S-Rai Vahdat Ruyeh No. 117 dated 3/17/1391 has declared that the concessions resulting from illegal actions will not result in vested rights for the holders of those concessions, so that it is possible to arrange legal effects on it, and as a result, the subject of the complaint The reason for presenting documents that lack originality is that they do not have legal rights.

Based on the above, paragraph (2) of the minutes of the meeting dated 12/18/2019, of the special committee (six members) to examine the situation of the providers of documents lacking in authenticity because it was approved by an unauthorized authority and contains a ruling contrary to the rules approved by the Supreme Council of Medical Sciences Planning And it allows people who do not have valid diploma and pre-university degrees to study in non-polar universities outside of Tehran and not affiliated with the armed forces, it is beyond the scope of authority and considering the illegality of studying the subjects of this paragraph in all universities medical sciences of the country, both from universities affiliated to the armed forces and universities outside Tehran and not affiliated to the armed forces, and in order to emphasize this issue, paragraph (2) of the minutes of the meeting dated 18.12.1399 of the special committee (six members) the examination of the status of the providers of unauthentic documents documented in paragraph 1 of Article 12 and Articles 13 and 88 of the Law on Organizations and Procedures of the Court of Administrative Justice approved in 1392 is canceled from the date of approval.

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