He puts an end to the diploma debate: 'A diploma cannot be revoked after 35 years'

The university diploma of imprisoned presidential candidate and Istanbul Metropolitan Municipality Mayor Ekrem İmamoğlu was cancelled by Istanbul University on March 18, 2024. The lawsuit filed by İmamoğlu requesting the annulment of the diploma cancellation was rejected by the Istanbul 5th Administrative Court on January 23.

The court's decision included the opinion that, despite the 35 years that have passed, the administration could revoke its action on the grounds of an "obvious error."

Constitutional law expert Prof. Dr. Turgut Tan, whose work was cited in the court's reasoning, penned an article titled "Reflections on the diploma cancellation case."

"CANNOT BE EVALUATED WITHIN THE SCOPE OF AN OBVIOUS ERROR"

In his article, Prof. Dr. Tan stated that the procedures carried out by the administration during the lateral transfer process cannot be characterized as an "obvious error." Tan pointed out that the revocation of administrative actions after many years undermines the principle of legal certainty.

In his assessment, Tan also included decisions made by the Council of State and the Constitutional Court in similar cases. He recalled that these high court rulings underscore the protection of acquired rights, legal stability, and the administration's obligation to act predictably when establishing procedures.

"INCOMPATIBLE WITH ACQUIRED RIGHTS AND THE RIGHT TO EDUCATION"

Prof. Dr. Turgut Tan made the following assessment regarding the Istanbul University Board of Directors' decision to revoke Ekrem İmamoğlu's lateral transfer to the Faculty of Business Administration and the subsequent cancellation of his diploma:

"The Istanbul University Board of Directors' decision to revoke Ekrem İmamoğlu's lateral transfer to the Faculty of Business Administration and the resulting cancellation of his undergraduate diploma are incompatible with the principles accepted in judicial rulings."

News Source: 12punto