An important detail in the diploma crisis... Constitutional Court's precedent ruling emerges

It has emerged that in a ruling published in the Official Gazette in 2023, the Constitutional Court (AYM) ruled that, unless there are cases of fraud or clear error, the revocation of a diploma 60 days after the graduation date is unlawful. This decision has revealed that the discussions recently conducted regarding Ekrem İmamoğlu's diploma lack a legal basis.

Kısa Dalga columnist and lawyer Kemal Vuraldoğan drew attention to the ruling issued by the AYM in the Abidin Pişgin case, emphasizing that it is impossible to revoke İmamoğlu's diploma.

Citing the ruling dated October 18, 2023, which was published in the Official Gazette, Vuraldoğan stated, "The Constitutional Court clearly says that if there is no fraud, forgery, or clear error, a diploma can be revoked within 60 days after the graduation date. Actions taken after 60 days are protected under the scope of acquired rights."

CRITICAL RULING FROM THE AYM: A DIPLOMA THAT HAS PASSED THE 60-DAY LIMIT CANNOT BE TOUCHED

In the case brought before the Constitutional Court, the situation of Abidin Pişgin, a graduate of Hacettepe University's School of Health Administration, was examined. Pişgin had completed his doctoral studies in 2015 and began working as an assistant professor at Ardahan University.

However, an investigation conducted in 2016 determined that he had not taken the seminar course before sitting for the doctoral qualification exam. On these grounds, Süleyman Demirel University revoked Pişgin's doctoral diploma.

Pişgin filed an individual application to the AYM, stating that the revocation decision violated his acquired rights. In its unanimous decision, the Constitutional Court stated that the administration's fault cannot be attributed to the individual, that the revocation of the diploma violates the right to education, and that the revocation decision was unlawful. The AYM pointed out that the diploma revocation process was carried out in a manner contrary to the principle of acquired rights and the rules of good governance.

The court also found the revocation of the diploma exactly one year after the graduation date to be disproportionate, stating that a balance was not established between the public interest and the individual's fundamental rights. It was decided that a retrial should be held in favor of Pişgin, and it was ruled that more than 19 thousand TL in litigation costs be paid to the applicant.

"THE REVOCATION PROCESS FOR İMAMOĞLU'S DIPLOMA IS UNLAWFUL"

In his article evaluating the AYM's ruling, Vuraldoğan reminded that approximately 7 thousand days have passed since İmamoğlu's graduation date, commenting, "Trying to take back İmamoğlu's diploma at this point is like trying to perform a bicycle kick in a coffin in legal terms."

Constitutional Law Professor Tolga Şirin also referred to the same ruling, pointing out that a diploma can only be revoked in cases of forgery or serious irregularities. Şirin said, "The legislation from 1990 is clear. Today's regulations cannot be applied retroactively. Severe actions such as the revocation of a diploma can only come to the agenda in extraordinary circumstances."