A case with 452 plaintiffs
The decision of the Administrative Court of Justice regarding the request to cancel the Corona score in the recruitment exam of the Ministry of Health in 2019
The opinion of the employment expert board
Considering that, firstly, according to Part 2, Paragraph “A” of the approvals of the 737th meeting of the Supreme National Security Council, which was announced after the approval of the Supreme Leader, the approvals of the National Headquarters for Countering and Managing the Corona Disease are in accordance with the approval of the Supreme National Security Council And all the institutions and organizations are required to implement the approvals of the mentioned headquarters.
Secondly, according to part “a” paragraph 3 of the resolution of the meeting dated 05/11/2013, the National Staff for Combating Corona Disease has allowed the Ministry of Health to conduct recruitment tests for fixed-term, corporate, labor contract employees and those committed to service who will start within the time frame Until the end of the spread of the Covid-19 disease, in line with the assigned tasks and missions, priority should be given directly to the fight against the Corona virus and the treatment of the Covid-19 disease, and points will be applied to their test scores in accordance with the duration of their activities in this regard. In Part “B” of Article 3 of the aforementioned resolution, it is stipulated that the instructions related to the method of determining and applying the relevant privileges shall be approved by the Management and Human Resources Development Council with the proposal of the administrative and employment organization of the country and the Ministry of Health.
Thirdly, the Council of the Council for the Development of Management and Human Capital in the implementation of the effective letter of approval of the National Headquarters for Combating and Managing the Corona Disease, in the meeting dated 05/27/2019, the instructions on how to determine and apply priority and privileges for employees of fixed, labor, corporate, and medical contracts and paramedics and service providers involved in directly dealing with the corona disease has been approved, which is stated in Article 3 of this directive: “3- For every month of direct activity of the employees subject to paragraph one in the specified time period, two percent (2%) The total score will be added to the score obtained by the individual in the written test phase and up to (20%) in the employment tests of the Ministry of Health, Treatment and Medical Education and its affiliated institutions.
Fourthly, based on the amended Article 44 of the Civil Service Management Law approved on 16-06-2019 by the Islamic Council, it is stipulated: “The Management Development Council is obliged to give priority to the recruitment of native volunteers from cities with the exception of Tehran and provincial centers.” And the Human Capital and Management Development Council in the meeting dated 07/21/1399 approved the guidelines for creating priority for native candidates of the cities (except for Tehran and provincial capitals) in the recruitment tests, which was approved by the Administrative and Employment Organization No. 369488 dated 7/27/1399 The country has been notified and according to Article 2 of the aforementioned circular: “The score obtained by a local candidate in the written test (total weight of forty percent (40%) for the general field and sixty percent (60%) for the specialized field) with a coefficient of “one and four” 10th” (1/4) is calculated and the criterion of action, and this resolution has not been found to be voidable and the decision to reject the complaint has been issued according to the decree No.
Therefore, since clauses 1 and 2 of part “P” of section 4 of the guidebook for the registration of the recruitment exam of universities of medical sciences and healthcare services of the year 2019 were established and applied in compliance and implementation of the above-mentioned standards and are not beyond the scope of authority. Therefore, it is not considered invalid and the decision to reject the complaint is issued. This decision is documented in paragraph “b” of Article 84 of the Law on Organizations and Procedures of the Court of Administrative Justice and can be challenged by ten judges or the honorable president of the Court of Administrative Justice within twenty days after its issuance.
Reza Fazal Zarandi- the head of the specialized employment board
This post is written by Romeo13861401