{"id":33875,"date":"2023-03-21T18:34:20","date_gmt":"2023-03-21T16:34:20","guid":{"rendered":"https:\/\/afteegypt.org\/?p=33875"},"modified":"2024-11-21T14:14:00","modified_gmt":"2024-11-21T12:14:00","slug":"afte-files-appeal-against-helwan-universitys-president-and-dean-of-the-universitys-faculty-of-art-education-for-refusing-to-hire-sarah-el-taher-for-lack-of-security-approval","status":"publish","type":"post","link":"https:\/\/afteegypt.org\/en\/legal-profiles-en\/2023\/03\/21\/33875-afteegypt.html","title":{"rendered":"The Administrative Court Declares Helwan University\u2019s Appeal on the Right of a Graduate to Be Appointed as Invalid"},"content":{"rendered":"

19 November\u00a0 2024<\/b><\/span><\/p>\n

The Administrative Court (Circuit 14) decided to consider Helwan University\u2019s appeal of the ruling issued in favor of the client of AFTE, granting her the right to be appointed as a teaching assistant, as void. This decision was made because the administrative body failed to complete the required legal procedures to continue the appeal.<\/span><\/p>\n

Last November, the Administrative Court had ruled to annul Helwan University\u2019s negative decision to refuse the appointment of the Afte’s client as a teaching assistant at the Faculty of Fine Arts, University of Helwan, on the grounds of a lack of security clearance. The court confirmed that security approval is not a legal requirement for appointments to teaching assistant positions.<\/span><\/p>\n

It is worth noting that the appellant was one of the top graduates of the 2021 batch at the Faculty of Fine Arts, University of Helwan. The university officially notified her of her nomination for the teaching assistant position, and her name was included in University Decision No. 526 for the year 2022. However, the university accepted other candidates for the position after receiving their security clearances and refused to appoint the appellant due to the absence of her security clearance.<\/span><\/p>\n

The court had referred the case to the State Commissioners\u2019 Authority to prepare a legal opinion, which recommended accepting the case and annulling the negative decision to exclude her from employment. The State Commissioners\u2019 Authority argued that the opinion of security agencies is not a condition for appointment to teaching assistant positions and cannot be used as the sole basis for the administrative body\u2019s decision to appoint or not appoint teaching assistants.<\/span><\/p>\n

12 May 2024: Administrative Court Suspends Ministry of Higher Education Lawsuit Against AFTE\u2019s Ruling on Graduate Appointment as Teaching Assistant<\/strong><\/span><\/p>\n

The Administrative Court decided to suspend the Ministry of Higher Education\u2019s judicial case No. 2199 of the year 56, which it filed against the ruling issued in favor of AFTE\u2019s client regarding her eligibility to be appointed as a teaching assistant at Helwan University, penally for a month, due to the Ministry\u2019s failure to comply with the court\u2019s decision to notify the plaintiff of the lawsuit.<\/span><\/p>\n

 <\/p>\n

On 28 November 2023, the Administrative Court (Sixth Circuit Education) ruled to cancel Helwan University\u2019s negative decision to refrain from appointing the AFTE\u2019s client to the position of teaching assistant at the university due to the lack of security approval in Appeal No. 2330 of 70, filed by The Association for Freedom of Thoughts and Expression.<\/span><\/p>\n

It is worth noting that the plaintiff is one of the first graduates of the 2021 class of the Faculty of Art Education at Helwan University and the university informed her of her official nomination to fill the position of teaching assistant at the university, and her name was included in University\u2019s decision No. 526 of 2022 and accordingly, the plaintiff submitted her papers, but the university agreed to appoint other teaching assistants as they had the security approval to hire them and declined to appoint the plaintiff due to lack of security approval for her appointment.<\/span><\/p>\n

The court had referred the appeal to the State Commissioners Authority to consult its legal opinion. In its report, the State Commissioners Authority recommended the Court accept AFTE\u2019s appeal and annul the University\u2019s negative decision to exclude the plaintiff from hiring; it also added that the opinion of the security authorities shouldn\u2019t be conditional on hiring faculty staff and that it shouldn\u2019t be reliable evidence for the administrative authorities to issue a decision to appoint faculty staff or not.<\/span><\/p>\n

 <\/p>\n

Helwan University appeals against the administrative court\u2019s ruling in favor of AFTE, confirming the right of a graduate to be appointed as a teaching assistant<\/span><\/strong><\/p>\n

The Thirteenth Circuit \u201cAppeals\u201d of the Administrative Court reserved Case No. 2199 of the judicial year 56, which was filed by Helwan University against the Administrative Court’s ruling in favor of Sthe AFTE\u2019s client confirming her right to be appointed as a teaching assistant at Helwan University, in order to issung the ruling in 28 April session.<\/span><\/p>\n

On 28 November 2023, the Administrative Court (Sixth Circuit Education) ruled to cancel Helwan University\u2019s negative decision to refrain from appointing the AFTE\u2019s client to the position of teaching assistant at the university due to the lack of security approval in Appeal No. 2330 of 70, filed by The Association for Freedom of Thoughts and Expression.<\/span><\/p>\n

It is worth noting that the plaintiff is one of the first graduates of the 2021 class of the Faculty of Art Education at Helwan University and the university informed her of her official nomination to fill the position of teaching assistant at the university, and her name was included in University\u2019s decision No. 526 of 2022 and accordingly, the plaintiff submitted her papers, but the university agreed to appoint other teaching assistants as they had the security approval to hire them and declined to appoint the plaintiff due to lack of security approval for her appointment.<\/span><\/p>\n

The court had referred the appeal to the State Commissioners Authority to consult its legal opinion. In its report, the State Commissioners Authority recommended the Court accept AFTE\u2019s appeal and annul the University\u2019s negative decision to exclude the plaintiff from hiring; it also added that the opinion of the security authorities shouldn\u2019t be conditional on hiring faculty staff and that it shouldn\u2019t be reliable evidence for the administrative authorities to issue a decision to appoint faculty staff or not.<\/span><\/p>\n

28 November 2023: The Administrative Court ruled to cancel Helwan University\u2019s decision to refrain from appointing a university graduate to a teaching assistant position due to a lack of security approval<\/b><\/span><\/p>\n

The Administrative Court (Sixth Circuit Education) ruled to cancel Helwan University\u2019s negative decision to refrain from appointing the AFTE\u2019s client to the position of teaching assistant at the university due to the lack of security approval, in Appeal No. 2330 of 70, filed by The Association for Freedom of Thoughts and Expression.<\/span><\/p>\n

It is worth noting that the plaintiff is one of the first graduates of the 2021 class of the Faculty of Art Education at Helwan University and the university informed her of her official nomination to fill the position of teaching assistant at the university, and her name was included in University\u2019s decision No. 526 of 2022 and accordingly, the plaintiff submitted her papers, but the university agreed to appoint other teaching assistants as they had the security approval to hire them and declined to appoint the plaintiff due to lack of security approval for her appointment.<\/span><\/p>\n

The court had referred the appeal to the State Commissioners Authority to consult its legal opinion. In its report, the State Commissioners Authority recommended the Court accept AFTE\u2019s appeal and annul the University\u2019s negative decision to exclude the plaintiff from hiring; it also added that the opinion of the security authorities shouldn\u2019t be conditional on hiring faculty staff and that it shouldn\u2019t be reliable evidence for the administrative authorities to issue a decision to appoint faculty staff or not.<\/span><\/p>\n

24 September 2023:Administrative Judicial Court to examine AFTE\u2019s appeal against Helwan University after refraining from hiring faculty graduate as teaching assistant for lack of security approval on October 10<\/b><\/span><\/p>\n

The Administrative Judicial Court (Sixth Circuit of Education) set October 10 hearing to examine AFTE\u2019s appeal No. 2330 of 70 filed on behalf of AFTE\u2019s client challenging Helwan University\u2019s decision not to hire her for lack of security approval so that the university can submit a copy of its decision No. 526 in which the University agreed to assign the plaintiff to the position of teaching assistant at the university.<\/p>\n

The court had referred the appeal to the State Commissioners Authority to consult its legal opinion. In its report, the State Commissioners Authority recommended the Court accept AFTE\u2019s appeal and annul the University\u2019s negative decision to exclude the plaintiff from hiring; it also added that the opinion of the security authorities shouldn\u2019t be conditional on hiring faculty staff and that it shouldn\u2019t be reliable evidence for the administrative authorities to issue a decision to appoint faculty staff or not.<\/p>\n

It is worth noting that the plaintiff is one of the first graduates of the 2021 class of the Faculty of Art Education at Helwan University and the university informed her of her official nomination to fill the position of teaching assistant at the university, and her name was included in University\u2019s decision No. 526 of 2022 and accordingly, the plaintiff submitted her papers, but the university agreed to appoint other teaching assistants as they had the security approval to hire them and declined to appoint the plaintiff due to lack of security approval for her appointment.<\/p>\n

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State Commissioners Authority recommends Court to accept AFTE’s appeal against Helwan University after refraining from hiring faculty graduate as teaching assistant for lack of security approval<\/strong><\/span><\/p>\n

10 September 2023<\/b><\/span><\/p>\n

The Administrative Judicial Court adjourned to September 21 the examination session of AFTE\u2019s appeal against the president of Helwan University and the dean of the university\u2019s Faculty of Art Education, which was filed on behalf of AFTE\u2019s client challenging the negative decision not to hire her for lack of security approval; to view the State Commissioners Authority\u2019s report of its legal opinion.<\/p>\n

The State Commissioners Authority recommended the Court to accept AFTE\u2019s appeal and oblige Helwan University with the administrative charges, it also added that the opinion of the security authorities shouldn\u2019t be conditional on hiring faculty staff and that it shouldn\u2019t be reliable evidence for the administrative authorities to issue a decision to appoint faculty staff or not.<\/p>\n

The Association of Freedom of Thought and Expression filed this appeal that barries No. 2330 of 70 on behalf of a faculty graduate after the university informed her of her official nomination for a teaching assistant position she was later informed of her exclusion from the position and that other candidates were hired, and the university refused to inform her of any reasons for her dismissal, the university justified this dismissal with the lack of approval from the security authorities.<\/p>\n

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State Commissioners Authority to look into AFTE\u2019s appeal against Helwan University after refraining from hiring faculty graduate as teaching assistant for lack of security approval<\/strong><\/span><\/p>\n

18 April 2023<\/b><\/span><\/p>\n

On April 18, the Administrative Judicial Court decided to refer the Association for Freedom of Thought and Expression\u2019s appeal against the president of Helwan University and the dean of the university\u2019s Faculty of Art Education to the State Commissioners Authority; to consult its legal opinion.\u00a0<\/span><\/p>\n

It should be noted that AFTE filed the appeal that carried No. 2330 of 70 Judicial year on behalf of a faculty graduate after the university informed her of her official nomination for a teaching assistant position she was later informed her of her exclusion from the position and the appointment of other candidates, and the university refused to inform her of any reasons for her dismissal.\u00a0<\/span><\/p>\n

19 March 2023 “AFTE files appeal against Helwan University\u2019s president and dean of the university\u2019s Faculty of Art Education for refusing to hire faculty graduate as an assistant teacher for lack of security approval”\u00a0<\/b><\/span><\/p>\n

On Sunday, the Association for Freedom of Thoughts and Expression filed an appeal before the Administrative Judicial Court that carried No. 2330 of 70 on behalf of an assistant teacher, challenging the negative decision not to hire her for lack of security approval. The appeal was filed against the president of Helwan University and the dean of the university’s Faculty of Art Education.<\/span><\/p>\n

The appeal was filed against the following events when the university informed her of her official nomination for a teaching assistant position at the university after obtaining a bachelor\u2019s degree in Art Education with a very good grade with honor. she was later informed that other candidates were hired, and the university refused to inform her of any reasons for her dismissal.\u00a0<\/span><\/p>\n