Law professor refutes decision to revoke Ekrem İmamoğlu's diploma: Identifies 7 errors

Istanbul University continues to be on the agenda with its decision to cancel Ekrem İmamoğlu's diploma. However, Administrative Law Professor Metin Günday argued that this decision is legally invalid and revealed that the decision is flawed.

In his statement to the Sözcü newspaper, Günday refuted Istanbul University's diploma cancellation decision regarding Ekrem İmamoğlu's lateral transfer from Cyprus to Istanbul University due to 7 separate errors.

Legal debates continue regarding the diploma canceled by Istanbul University while the Istanbul Chief Public Prosecutor's Office issued a detention order for Ekrem İmamoğlu on March 19 within the scope of investigations launched against the Istanbul Metropolitan Municipality (İBB). Explaining the errors in the 8-page report of the cancellation decision one by one, Günday emphasized the lack of authority of the Council of Higher Education (YÖK), uncertainties in dates, student registry errors, and deficiencies in legislation.

Mentioning the procedures in the advertisement published during the period when İmamoğlu made his lateral transfer, Günday stated that the decision was defective and revealed that the process was not carried out within the legal framework.

LAW PROFESSOR EXPLAINED THE 7 ERRORS ONE BY ONE

Here are those 7 errors:

1- YÖK HAD NO INVOLVEMENT IN THE LEGISLATION OF THE PERIOD

There was a regulation in 1982. Some arrangements were made in 1990. Both regulations are arrangements made before this lateral transfer, and therefore, whether that lateral transfer decision is in accordance with the law or not must be determined according to the legislative provisions of that date. When looking at the legislative provisions of that date, the authority was given to the faculty administrative board. According to the legislation of the period, YÖK had no involvement.

2- IT WAS DETERMINED THAT THE UNIVERSITY WAS AT THE SAME LEVEL

This lateral transfer decision is in accordance with the law. Before the administrative board made this decision, it requested that it be determined that the school to which the transfer would be made was at the same level. This was determined in this case.

3- INSUFFICIENT RESEARCH

By saying that sufficient research was not conducted, it blames the members of the administrative board. It says you did not get an opinion from YÖK on this matter either. But there is no such regulation or culpability in the legislation. Since he also met the conditions, İmamoğlu's transfer is in accordance with the law.

4- 'DATES DO NOT BIND İMAMOĞLU'

This decision was taken on September 12, 1990. However, it was stated in the university advertisement published in the Milliyet newspaper that it should be until September 14, 1990. However, you finalized these transfers on September 12 without waiting for September 14, he says. This does not bind İmamoğlu and the other applicants.

5- QUOTA INCREASED

The quota was increased, okay. But Ekrem İmamoğlu is not being treated differently with this quota increase. He already meets the necessary conditions. Even if the quota had remained as it was first announced, there would have been no difference since he met the conditions for the transfer.

6- FACULTY ADMINISTRATIVE BOARD DECISIONS

On that date, the faculty administrative board took two consecutive decisions. The first is decision number 24, the second is decision number 25. The decision regarding the international transfer is decision number 24. All signatures on this decision were completed, everyone signed. The report also says, 'In decision number 25, a few people's signatures are missing.' Therefore, it is intended to be said that the decision was not formed. But decision number 25 is the decisions taken regarding domestic lateral transfer.

7- STUDENT REGISTRY ERROR

It was stated that İmamoğlu transferred from Eastern Mediterranean University. It is clearly written in the registry at student affairs that İmamoğlu came from Girne American University. Do you know where Eastern Mediterranean is written? The university has a student affairs department at the rectorate. A typo was made at the rectorate. Can this typo be blamed on İmamoğlu?