Good Governance and the Exercise of Administrative Discretion by the Area Education Personnel Commission in the Consideration of the Transfer and Reassignment of Teachers and Educational Personnel
Main Article Content
Abstract
This qualitative study examined good governance and the exercise of discretion by the Sub-committee on Teachers and Educational Personnel Civil Service Commission under the Educational Service Area Office (ESA Sub-commission) in transferring teachers and educational personnel. Its objectives were: (1) to study the Administrative Procedure Act and relevant laws and regulations, (2) to study the models and procedures of the transfer process, and (3) to propose guidelines for ensuring neutrality in the exercise of discretion. Data were collected through documentary analysis and in-depth interviews with experts, officials, and stakeholders. The findings showed that appointments, promotion, transfer, and advancement had to comply with the law and be based on proper discretion, implemented through a multi-agency screening committee with clear steps from identifying vacancies to final approval. Ensuring neutrality required a transparent, reviewable system with clear criteria grounded in good governance to enhance fairness and public trust in public personnel administration. The study recommended that agencies define explicit and transparent criteria for discretion, strengthen good governance awareness among committee members, and improve systems for justification and review of administrative orders to prevent legal disputes and ensure justice in the transfer process.
Article Details
References
Chokbandanchai, B. (2017). The exercise of administrative discretion: A case study of the implementation of the Head of the National Council for Peace and Order Order No. 10/2559. Naresuan University Law Journal, 10(1), 25-42.
Office of the Administrative Courts. (2022). Annual report fiscal year 2022: Administrative Courts and Office of the Administrative Courts. Bangkok: Office of the Administrative Courts.
Office of the Civil Service Commission. (2001). Good governance. Bangkok: Office of the Civil Service Commission.
Order of the Head of the National Council for Peace and Order No. 19/2560 Re: Educational Reform in the Regional Areas of the Ministry of Education. (2017, April 3). Royal Thai Government Gazette, Vol. 134, Special Issue 96 Ng, pp. 14-19.
Order of the Head of the National Council for Peace and Order No. 10/2016 Re: Driving the Educational Reform of the Ministry of Education in the Regions. (2016, March 21). Royal Thai Government Gazette, 133(Special Issue 68 Ng), 1-2.
Panbunrueang, P. (2020). Guidelines for developing criteria and methods for teacher transfers. Master thesis, M.Ed., Khon Kaen University, Khon Kaen.
Pato, S. (2020). Legal problems in the exercise of discretion in imposing disciplinary punishment on teachers in the civil service. Master thesis, L.M., Sukhothai Thammathirat Open University, Nonthaburi.
Royal Society of Thailand. (2020). Royal Institute Dictionary B.E. 2554 in commemoration of His Majesty King Bhumibol Adulyadej’s 7th-cycle birthday anniversary, 5 December 2011. Bangkok: Royal Society of Thailand.
Teachers and Educational Personnel Civil Service Act B.E. 2547 (2004), as amended (No. 2) B.E. 2551 (2008) and (No. 3) B.E. 2553 (2010). (2004). Royal Thai Government Gazette.
Thamthong, D. (2024). Guidelines for the development of the transfer system for teachers and educational personnel in teacher positions under the Ministry of Education. Independent study, for the M.Pol.Sc., Thammasat University, Bangkok.