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Turkish Press Review

[CROSS READER] One more disappointing ruling from the Council of State

A decision by the Eighth Chamber of the Council of State late Wednesday was a big disappointment for thousands of vocational high school students and graduates.

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The court decided to block a decision issued by the Higher Education Board’s (YÖK) General Council in July after the İstanbul Bar Association asked it to ensure that the system in which a lower coefficient is used to calculate the scores of graduates of vocational high schools for Turkey’s university admission exam, the Student Selection Examination (ÖSS), remains in place. Although many in the country applauded YÖK since this was regarded as an end to a years-long injustice imposed on vocational school graduates including those of religious imam-hatip high schools as a result of the Feb. 28 (1997) post-modern coup, Wednesday’s decision is a disappointment for many.

“A regulation made by YÖK to put an end to discrimination that was a result of the Feb. 28 post-modern coup was rejected the Council of State. The step taken by YÖK was promising. It was important not only for imam-hatip schools but also for all vocational schools. But look what happened. That ‘well-known mentality’ could not accept it,” says Nasuhi Güngör from the Star daily. Güngör recalls that the Eighth Chamber of the Council of State previously ruled in petitions to the court to lift the lower coefficient system that the decision to set the coefficient used to calculate ÖSS scores belongs to YÖK. “Let me remind you of something. At that time, YÖK had a chairman who was determined to ensure the injustice of the coefficient system for centuries. Now we see how the law works in this country: If there is a man with the same mindset as you at the top of YÖK, leave the decision to YÖK. But if a decision is taken to end an unjust system in this country, then you have the responsibility to make the decision,” he complains.

Bülent Korucu from the Zaman daily is also highly critical of the Council of State ruling on the same grounds as Güngör, and he says although he has already accepted that law has been absent in Turkey for a long time, this decision has shown that justice also left the country a long time ago. “YÖK, which was confirmed as the authority on the issue with a previous Council of State ruling, now makes a new decision, but it is opposed by the same Council of State. The Council of State has stopped the execution of the regulation on the grounds that ‘the abolishment goes beyond an aim to eliminate problems faced in the education system, and it is against the laws and principle of equality and would lead to damage that is impossible to repair.’ The Council of State has exceeded its authority by questioning the correctness of the decision instead of checking its compliance with the law. Can a country where the aims and principles of the education system are set by the judiciary be democratic? Then, let’s abolish Parliament and let judges rule the country,” Korucu says. 

27 November 2009, Friday

 

   

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