Reasoned decision for dismissal in Ekrem İmamoğlu's diploma case announced
The court has detailed the reasons for its dismissal of the lawsuit filed by Istanbul Metropolitan Municipality Mayor Ekrem İmamoğlu against the cancellation of his diploma. While the court acknowledged an administrative error by the university, it ruled that the responsibility lies with İmamoğlu.
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The details of the dismissal decision issued by the Istanbul 5th Administrative Court regarding the lawsuit filed by Istanbul Metropolitan Municipality Mayor Ekrem İmamoğlu—who is also a CHP presidential candidate—to annul the administrative action leading to the cancellation of his diploma have been revealed.
The court evaluated that the lateral transfer from Girne American University to the Istanbul University Faculty of Business Administration in 1990 was not conducted in accordance with regulations. The decision stated that the Istanbul University administration acted in violation of the rules during the lateral transfer process. However, the court noted that this administrative error does not create a vested right for İmamoğlu and placed the entire responsibility for the process on the student.
It was reported that in 1990, the Council of Higher Education (YÖK) only recognized the Eastern Mediterranean University, and that Girne American University was not officially recognized by YÖK until 1993. Therefore, it was concluded that the lateral transfer in 1990 was legally impossible.
Furthermore, the report prepared by the Higher Education Supervisory Board included findings that lateral transfer announcements were concluded before the announced dates, quotas were increased without opening new announcements, and the process was conducted in violation of regulations. While it was acknowledged that İmamoğlu's grade point average met the minimum requirements at the time, it was stated that he remained outside the quota in terms of academic ranking.
The decision emphasized that the Istanbul University administration's increase of lateral transfer quotas in violation of regulations was defined as a "clear administrative error." However, it was stressed that this situation does not create a right in favor of the student and that the responsibility belongs to the person who made the application.
Consequently, the court decided that the action regarding the cancellation of the diploma was valid based on legal grounds, and Ekrem İmamoğlu's application was rejected.