Boğaziçi academics appeal to Council of State for cancellation of rector appointment

* Photo: Ali Aktaş

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Over 100 academics of Boğaziçi University have appealed against the Presidential decision appointing Prof. Naci İnci as the rector.

The academics applied to the Council of State yesterday (October 19) and demanded that the decision dated August 20, 2021 be annulled.

The academics previously applied to the Council of State and appealed against the appointment of Melih Bulu, who had been first appointed as the rector of Boğaziçi University, but was later dismissed. This application is still pending at the 8th Chamber of the Council of State.

The academics' petition has said that the appointment is far from being in compliance with Constitutional principles and is against the law.

The academics of Boğaziçi University have shared their legal action with the public by releasing a statement. Reiterating that "they do not accept the method of appointing rectors by Presidential decrees, which is in violation of the Constitution," the academics have expressed their determination to "continue defending that the rector of a university must be determined in accordance with the opinions of university constituencies."

They have noted that "a university rector is fundamental for a free, autonomous and democratic university, which is indispensable for the development of the country."

'Limit of authority is arbitrary'

Speaking about the academics' application to the Council of State, lawyer Fırat Kuyurtar has said, "This system, where meritocracy has been completely replaced by loyalty, apparently has nothing to do with public good or with the requirements and principles of duty."

Kuyurtar has noted that "the outcomes of this system are visible in both Boğaziçi University and other public universities."

"As the head of the executive, the President has a wide discretionary power, but the limit of the authority is arbitrariness," he added.

"It is also unlawful that an academic, like Naci İnci, who acts to please some instead of observing public good, may dismiss academics from the university as he wishes and cannot stand the democratic functioning, is appointed despite the university's community," he has noted.

Appointment of rectors

The procedure of appointing rectors to public universities was changed by Article 135 of the Statutory Decree no. 703 and dated July 2, 2018. 

Before this last change during the State of Emergency after the failed coup attempt in Turkey on July 15, 2016, university rectors were appointed based on the elections held within universities and upon the recommendation of the Council of Higher Education (YÖK).

As per the Statutory Decree no. 676, the elections were abolished. Then, the Article 13 of the YÖK Law was amended by the Statutory Decree no. 703. The authority to appoint rectors now solely lies with the President, so currently with President and ruling Justice and Development Party (AKP) Chair Recep Tayyip Erdoğan. (DŞ/SD)