On recognition of illegal assignment of qualification categories by the Department of Education
Dated 07/20/2023 №6001-23-00-6ap/29
Plaintiff: G. G.
Respondent: State institution "Department of Education of the West Kazakhstan region" (hereinafter referred to as the Department of Education)
Interested party: Ministry of Education and Science of the Republic of Kazakhstan
The subject of the dispute: the recognition of the illegal part specified in Appendix 2 to Order No. 934 "on assignment of qualification categories" dated December 24, 2021
Review of the cassation complaint submitted by the defendant.
The essence of the matter: in November 2021, G. G. submitted an application to the Department of Education for certification for the qualification category "deputy head of the first qualification category". According to Appendix 2 to the order of the Department of Education dated December 24, 2021 No. 934 "on the assignment of qualification categories", it was decided not to certify G. G. for the qualification "deputy head of the first qualification category".
Judicial acts:
Stage 1: the claim is satisfied. Appeal: the decision is upheld. Cassation: judicial acts are left unchanged.
Conclusion: when satisfying the claim, the local courts proceeded from the fact that the points of the order of the Minister of Education and Science of the Republic of Kazakhstan dated May 14, 2020 No. 202 (hereinafter referred to as Order No. 202) were violated during attestation.
In accordance with paragraph 83 of the order, the commission conducts attestation of the person being certified with the participation of heads of educational organizations.
However, during the attestation, the head of the college, the director of the college, was not invited, and his opinion was not heard. 133 Similarly, in accordance with paragraph 86 of the order, the commission must hear the person being certified. G. G. is deprived of the right to express his opinion without attending a meeting of the commission.
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