It is clear that administrative law is built on a set of universally accepted principles. The ir rule of law ve is perhaps the most important of these principles and even the basis of other principles. It is the choice of each state whether it will act in accordance with the rules of law that protect the fundamental rights and freedoms. 2. The Republic of Turkey has used to become the 1982 Constitution and Article prefer the rule of law. So the Republic of Turkey legislative, executive and judicial forces to adhere to the rule of law and interior have been using it means.
While this is the case; Recently, we hear that members of the PDR (Psychological Counseling and Guidance) department are not satisfied with some administrative activities of the Ministry of National Education within the administrative organization. I mean that the discontent is due to the issue of At Out of Field Assignment At as the title of the article.
The Ministry, as it will be remembered, did not study in the field of class teaching before but in the Agriculture, Veterinary and so on. graduates of the departments of the Department of Philosophy and Sociology as graduates who are graduates of the Department of Philosophy and Sociology as a profession “guidance counselor” is planning to appoint. What I have to say, good, sir, has nothing to do with the rule of law with the assignment of the state out of the state, it is possible to be responded. Let me explain, sir; one of our respected administrative lawyers. Dr. Kemal Gözler states that one of the special requirements of the rule of law, namely the adherence of the administration to the law, is the principle of ar Determinative of Administrative Activities Kemal. Namely;
Another requirement of the rule of law principle in terms of administration is the gere principle of the specificity of administrative activities Hukuk. In the state of law, the actions and procedures of the administration should be predictable by the authorities. The administration does not have complete freedom even in areas where it has discretion. The administration has to regulate and abide by this rule the general rules such as bylaws and regulations. This is called the ”principle of regular administration Buna. Likewise, due to the principle of administrative activities, the administration should not give up its stabilized practices. Likewise, in the rule of law, the administration should show iler respect for the acquired rights of persons ”.
According to Article 4 of the Regulation on Guidance and Psychological Counseling Services of the Ministry of National Education, olojik Guidance Counselor (Psychological Counselor); ”Guidance and Psychological Counseling Services in Educational Institutions, Guidance and Psychological Counseling Services for Students in Psychological Counseling and Guidance, As can be understood from this regulation, in order to be a mentor, it is necessary to be a Psychological Counseling and Guidance or Psychological Services in Education department. Other departments have not been provided with this opportunity. As mentioned above, tam the administration does not have a complete freedom even in areas where it has discretion.
Almost everyone knows that a high school student prefers a university department, but after graduating there is a department where he can easily work. Those who preferred the PDR department preferred the mentor shortage in the country and the ease of being appointed as a teacher. However, as a result of the extensive lobbying activities of the members of the Sociology and Philosophy department, especially through social media, MoNE has been working on opening a part of the guidance staff to the graduates of the Department of Sociology and Philosophy.
The fulfillment of these demands by MoNE would mean a clear violation of the principle of ler Identity of Administrative Activities M. Aforementioned;
,, Due to the principle of administrative activities, the administration should not give up its stabilized practices… “
This point is precisely this point. To embark on such a work that has ended a years-old, stable practice will deeply undermine the trust of PDR members in the administration. Moreover, the students of the PDR department; Sociology and Philosophy department students with higher scores and success rankings are settled. Despite this, graduates of Sociology and Philosophy can pass a short term course and ensure the competence of being a guidance counselor. PDR students rightly say, or why did we study the university placement test so heavily and settled on this section? Why do we read this faculty that is much more difficult? Why are they entitled to rights after a brief training? PD.
It is our hope that the principle of esi Identity of Administrative Activities ”will penetrate all the cells of the administration. I wish you a specific day, sir.