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Ramkhamhaeng University wins case against Mr. Suebphong Prabyai: Supreme Administrative Court rules in favor of the university

Today (January 7) reporters reported that Ramkhamhaeng University Publish news documents Supreme Administrative Court case Do not accept the complaint of Mr. Suebphong Prabyai for consideration and have the case removed from the registry. Last Thursday, January 4, 2024, the Human Resources Management Committee of Ramkhamhaeng University Received the order of the Supreme Administrative Court in Petition No. 407/2566, Order No. 1787/2566, dated 13 November 2023. In summary, the Supreme Administrative Court issued a final order not to accept the complaint of the plaintiff, Mr. Suebphong Prabyai. to consider and order the case to be removed from the case list

In this case, Mr. Suebphong has filed a lawsuit against Ramkhamhaeng University Council No. 1 with a total of 27 people, asking the court to revoke the resolution and order appointing the Acting Rector and Vice Rector on February 13, 2023, claiming that the Administrative Court has An order to protect the plaintiff who was removed from the position of rector according to the resolution of the Ramkhamhaeng University Council in meeting No. 21/2022 on November 8, 2022. The case has been considered by the Central Administrative Court and the Supreme Administrative Court until it was brought. Order of the Supreme Administrative Court, Order No. 1787/2023, sent to Ramkhamhaeng University on December 20, 2023. The results of the consideration are as follows.

Central Administrative Court There was an order that the indictment on charges 1 and 2 be dismissed and that the indictments on charges 3 and 4 were not accepted for consideration and that this case be removed from the registry. Later, Mr. Suebphong appealed the order to the Supreme Administrative Court. Request the Supreme Administrative Court to order reversing the order of the Administrative Court of First Instance. It is to accept the plaintiff’s complaint for consideration.

Supreme Administrative Court Consider and decide that The appointment of the Acting President of the University is the appointment of a person who has the qualifications required by law to be the Acting President in order to ensure the continuous administration of Ramkhamhaeng University. When the facts appear The first defendant in the meeting No. 21/2022 removed the plaintiff from the position of president of Ramkhamhaeng University. And later Ramkhamhaeng University issued a letter dated 15 November 2022 terminating the contract to hire the plaintiff. From being a full-time lecturer at Ramkhamhaeng University Therefore, it was the case that there was no one holding the position of Rector at that time. Respondent No. 1 In meeting No. 3/2023 on February 13, 2023, it was resolved to appoint Respondent No. 3 as Acting President. By virtue of Section 25, paragraph two of the Ramkhamhaeng University Act B.E. 2541 and by virtue of Section 18 (4), Section 22 and Section 23 of the same Act. Appointment of Vice President of Ramkhamhaeng University To perform duties and responsibilities as assigned by the President.

The fact that the 1st defendant has passed such a resolution is therefore an exercise of legal power that affects the status of the rights or duties of a person which is in the nature of an administrative order under Section 5 of the Administrative Procedure Act B.E. 1996, but such orders will have an impact on individuals. Person appointed to act in place of the President and those appointed as vice-chancellors When the facts appear that while the plaintiff The case was brought to court on March 10, 2023. The plaintiff resigned from his position as president of Ramkhamhaeng University. According to the resolution of the 1st defendant, the order appointing the Acting Rector and the order appointing the Vice Rector are the grounds for the lawsuit. Therefore, there is no direct impact on the plaintiff, but those affected are those who are subject to the said order.

The preliminary administrative court An order was issued to dispose of the first and second charges of the indictment. and did not accept the third and fourth charges for consideration. and to have this case removed from the registry The Supreme Administrative Court partially agreed and issued an order amending the order of the Administrative Court of First Instance. It is not accepting the plaintiff’s complaint for consideration and has the case removed from the registry.

Reporters reported that This case arose from the investigation by the Ramkhamhaeng University Council and found that Mr. Suebphong used a doctorate degree from an educational institution in the United States. The Civil Service Office (Civil Service Commission) has not approved him to apply for a job as a teacher at Ramkhamhaeng University since 2011, and this is the reason why Ramkhamhaeng University has ordered the removal of Mr. Suebphong. Retired from the position of Rector With three serious accusations: 1. Using a doctorate degree Apply to work as a teacher This educational qualification has not been certified by the Office of the Civil Service Commission. 2. Concealing or not reporting the history of property confiscation related to persons accused of unusual wealth. 3. Submitting a petition to the Supreme Court requesting justice. with a false message

Ramkhamhaeng University It has been considered that Mr. Suebphong used educational qualifications that were not certified by the Civil Service Commission to apply to work as a teacher. Considered to have lacked the qualifications to be a teacher from the beginning. This is a violation of the terms of the employment contract and related rules and regulations of Ramkhamhaeng University. The university has therefore terminated the employment contract (termination letter no. 0601/2851 dated November 15, 2022) with Mr. Suebphong, effective November 21, 2022, and the university will consider taking legal action on other issues. further related And this case is the first case of Ramkhamhaeng University adopting a resolution to terminate a university administrator for acting illegally and seriously violating ethics.

Subcommittee on Consideration of Qualifications of Higher Education Graduates Considered information from the Ministry of Foreign Affairs Office of the Civil Service Commission and searching information from organizations responsible for accrediting academic programs at the business administration level found that the Accrediting Council for Independent Colleges and schools (ACICS), which is an agency that accredits higher education institutions in the United States. Accredits Pacific Stater University’s institutional accreditation to provide teaching and learning at the bachelor’s and master’s levels. However, there is no information on receiving accreditation to provide teaching at the doctoral level. During the period that the plaintiff studied and there was no information on the accreditation of the program level of the Doctor of Business Administration program. From the organization responsible for certifying business administration

Therefore, it was resolved that the Doctor of Business Administration qualification from Pacific Stater University, USA, could not be considered. of the plaintiff because there was no information on the accreditation of such qualifications during the period during which the plaintiff studied.

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2024-01-07 09:21:00

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